QUESTION

Will the Inbetween lawyer be allowed to look at bank statements s?

Asked on Jun 12th, 2018 on Estate Planning - New York
More details to this question:
My father passed away before he got his settlement from a car accident, the first check has been cut it’s going to his estate he has a wife but she is disabled but I am executor, her power of attorney and also the child am I considered a conflict of interested? If so they said the court may appointed a lawyer to look at the documents to make sure the money is correct that is being handed out , my question is will they ask me to look at Bank statements like what is the actual job of this extra lawyer?
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1 ANSWER

Civil Rights Law Attorney serving Rockville Centre, NY
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"They said the court may appoint a lawyer"... who is "they"?  Your father's widow? Has she hired her own lawyer?  A better question to ask rather than "what is the job of this extra lawyer" is, do you understand what your job is as executor?  It doesn't seem that you do because if you did, you wouldn't be asking whether the court will ask you to look at bank statements. It's your job to open an estate bank account, be in charge of that account (which includes looking at bank statements), marshall the assets of the estate (which include the car accident settlement), and file an accounting with the court, which should hopefully be consented to by all distributees, and which shows that the assets will be distributed as per your father's will. You need to immediately hire a lawyer who will see that the estate is settled properly. If you don't, and you're not following the proper procedures to settle the estate, and the widow is too disabled to take on the role of executor, if she's hired an attorney, her attorney might petition the court to have you removed as executor and appoint an outside lawyer to oversee settlement of the estate. Don't let that happen, because that attorney's legal fees will be paid from the assets of the estate, and that will diminish the assets of the estate, and you will have no control over those fees.
Answered on Jun 13th, 2018 at 10:15 AM

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