Remsenburg, NY asked in Contracts, Estate Planning and Family Law for New York

Q: I’m listed as a beneficiary on a will. The executor hasn’t made any action is over a year. What can I do?

My grandmother has a will which lists my father and two aunts as beneficiaries. The will states that if one of those parties predeceases her, their share will be given to their children. In 2017, my father passed away. In Februaryof 2021, my grandmother (dads mom) passed away. My aunts have not made any action to sell my grandmothers home, or sell her vacation home (located in Florida). We have been told that “all of Nana’s money is gone” on multiple occasions, however, they still have not made actions to sell the $1,000,000+ in property after over a year (while the housing market is at an all time high). They also have tenants living in my grandmothers house, collecting rent (which we assume is being used to pay the houses bills? The home has been in our family for over 50 years. There is no mortgage) I’m not sure what I can do at this point, and my concern grows as time passes.

3 Lawyer Answers
Sandra M. Colatosti
Sandra M. Colatosti
Answered
  • ALBANY, NY
  • Licensed in New York

A: Your father’s children are entitled to 1/3 of your grandmother’s estate. The will should have appointed an executor(s) to handle the distribution of the property. You should speak to a lawyer.

Nina Whitehurst agrees with this answer

Nina Whitehurst
PREMIUM
Nina Whitehurst
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: You should investigate whether a probate estate has been commenced. If so, hire an attorney to review the file and represent your interests. If not, hire an attorney to petition to have you appointed as executor or administrator.

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

A: File the will and petition for probate of it.

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