Pearl River, NY asked in Estate Planning for New York

Q: The Executor is holding my check because now he wants some items returned to him. Does he have that right?

To hold my check when all other family members get their check. His lawyer said in writing that if the Executor is satisfied with the return he will give me my check. Does he have a right to do this?

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1 Lawyer Answer
Rodney John Alberto
Rodney John Alberto
  • Forked River, NJ
  • Licensed in New York

A: It depends what you are holding. If it belongs to him and/or someone else in the estate, then he may have a right to do this. The practical matter is that he has the leverage, and for you to enforce your rights, you may need to make a motion with the court, and then your "holding" issues will come before the judge, who may be upset with you. Good luck. Rodney Alberto, Esq., 732-200-0779

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