Ellenville, NY asked in Probate for New York

Q: my brother is executor of my fathers very small estate. Its been in probate for 3 years, is this normal?

He had one lawyer to start with then the lawyer got fed up with him and dropped him? then he was able to use his portion of his inheritance to purchase my fathers house at closing my mother received her 50 percent and both of us were suppose to get ours. He was able to use his part of the inheritance where as mine had to pass back through the probate account where the monies are still stuck going on 6 months later? Does this make sense? Is he also do an executor fee since he bought the house at an discount and was working in the best interest of himself and not the estate?

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2 Lawyer Answers
Inna Fershteyn
Inna Fershteyn
Answered
  • Probate Lawyer
  • Brooklyn, NY
  • Licensed in New York

A: 3 years for probate even in Kings county doesn’t sound right.

You should have someone review the court file.

718-333-2394

https://brooklyntrustandwill.com/elder-law/

6 users found this answer helpful

Michael David Siegel
Michael David Siegel
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: It is not normal. You need to file a petition to compel distribution.

1 user found this answer helpful

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