Q: I am expecting to inherit my Mother's apt. in Bklyn Heights upon her death. She is 98 and made this will in 2011. Ido
not know if she was competent at that time. But assuming she was, she now has a long-standing Executor who is preventing us from refurbishing her apt.
(she now lives permanently in a home for the elderly). She wants the apt. to stay as is. It is unhabitable for me or my relatives when they come to visit her.
Unless the co-op has approval from "someone" who is responsible at this point, we are prevented from doing anything. Can her executor really stop us from painting and cleaning up the apt.? What are his rights as Executor and what are ours? Thank you.
A: It depends on the terms of the document that have given him the rights he wields. That document should be reviewed. Was she competent when she made the document, e.g., Power of Attorney, Will, Trust, etc.? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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