Q: Can I sue the co-executor of my father's unprobated Estate for filing a personal RPAPL 901 against me and estate asset?
My brother and I were named co-executors/sole beneficiaries in father's unprobated Will. All taxes have been paid. We managed as executors the rental property left to us, and all documents attached to this property (i.e. EIN Estate tax account, Leases, Insurance) are titled "The Estate Of ..." The deed is in my father's name. In 2015, my brother began to harass me with demand to "quick sell", though I had already agreed to sell by traditional sale. I refused a quick sell and suspected my brother had personal problems that needed quick cash/quick buyer. In July 2015, he filed an RPAPL 901 and a decision was won 2-weeks ago to partition and appoint a referee, which has not happened yet. Can I sue him for his actions against me and against the estate? I wish to probate the Will. The court is also not presently aware that all documents attached to this property are titled in the "Estate Of ..." Court has copy of Will and Deed. Should I stay and reargue?
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