West Covina, CA asked in Estate Planning and Probate for New York

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?

Related Topics:
1 Lawyer Answer
Regina Kiperman
Regina Kiperman
  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

A: are you trying to stop the partition at this point?

did you have notice of the partition?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.