QUESTION

What can we do if the executor never settled estate?

Asked on Aug 06th, 2014 on Estate Planning - New York
More details to this question:
My brother was appointed as executor of my father’s estate in 1993. Recently, I learned that assets are still in my dad’s name and the estate was never settled. I have asked for a complete accounting from my brother and he never complied. I just learned that he transferred my father’s house to my mother’s (ex wife from before he died) in 2002. I suspect he never filed tax returns as well as satisfying a loan of $110,000 made to him and his business partner a year before my father’s death. I have a copy of the note for the loan which my brother states is still active. The will stated all of my father’s assets should be split equally between the 3 siblings. Please advise.
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2 ANSWERS

You could file a proceeding in the Surrogate's Court to compel him to file an accounting.
Answered on Aug 08th, 2014 at 9:24 AM

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Real Estate Attorney serving Garden City, NY at Law Offices of Hein, Waters and Klein
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You need an attorney who knows this area of the law. Perhaps that attorney would utilize the Surrogate's to direct your brother to file an Accounting Proceeding with the Court. That would start the ball rolling.
Answered on Aug 07th, 2014 at 5:03 PM

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