QUESTION
What power & access does an Executor of Will have during probate?
Asked on Jul 08th, 2013 on Wills and Probate - New York
More details to this question:
Exec of will, who is husband of deceased, in state of NY. Wife is of Ct residence. Before dying she left one of the homes located in NY to her children (removing his name frm deed while leaving his name on the apt) and all possessions and cash to him. The widowed husband has been continuing to use the house during probate for gatherings with friends and other relatives & personal use, while claiming that he's just cleaning out the house of all the possessions. This has been over a year now and has denied access to the home to the children in the will. It seems as tho he's intentionally delaying the whole process and is also now demanding an executors fee $60k. It also appears that the beneficiary children are now also required to pay all of the attorney fees, accountant fees and estate taxes which the widow selected (intentionally high priced to bankrupt the children). I'm just trying to understand what power & rights does this Executor have & does he actually have legal use & access
1 ANSWER
Matrimonial Law Attorney serving New York, NY
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Law Office of Gerry Wendrovsky
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This question raises a multitude of other questions, is far too complex to be addressed in the context of this forum, and truly warrants a consultation with a qualified estate attorney, who can review the assets of the estate, and provide the writer of this question, who appears to be a beneficiary, with a full understanding of his or her rights and those of her siblings. It is also possible the beneficiaries may need to retain counsel to protect their interests.
Gerry Wendrovsky, Esq.- Upper West Side Estate Lawyer
www.upperwestsidelawyer.com
Answered on Jul 25th, 2013 at 4:10 PM