QUESTION
Can I successfully sue the executor of the estate I’m a beneficiary of?
Asked on Aug 11th, 2021 on Wills and Probate - New York
More details to this question:
A family member left me and other family members their estate when they died. One of the beneficiaries is the executor who I have a difficult relationship with. The family member died in February 2020 and the executor has still not dispersed the estate even though it is according to them all that’s left to do.
1 ANSWER
Estate Administration Attorney serving New York, NY
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Damien Bosco, P.C.
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Hello. My name is Damien. I am a Trusts & Estates attorney in New York City practicing in the New York City metropolitan area. When an executor is refusing to provide an informal accounting of the estate or updating beneficiaries, the court can order the executor to provide an accounting. In section 2205 of the Surrogate’s Court Procedure Act, “the court may at any time, upon it appearing that it is for the best interests of the estate, make an order (a) requiring a fiduciary to file an intermediate or final account within such time and in such manner as directed by it, (b) suspending a fiduciary who being duly cited to account neglects to appear on the return of process without showing a satisfactory excuse, therefore, or who fails to file an account within such time and in such manner as directed by the court…” If you need any assistance, a New York Trusts & Estates Attorney could help you.
Answered on Aug 12th, 2021 at 5:15 AM