Queens, NY asked in Probate for New York

Q: My mom passed 2019, no will. Court appointed brother executor , sold house 32,000 value was 101,000 still no money

He emptied her bank account. Paid taxes late making fines, harassed beneficiaries, no record of accounting may 2021 house sold 1/3 value he never has assessor come in., what can husband and daughter do now ?

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3 Lawyer Answers
Elaine Shay
Elaine Shay
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: Based upon your description you may have claims against the brother for breach of his fiduciary duties as executor. To assess how best to move forward, you should give serious consideration to meeting with a local attorney to review your situation in detail and decide how to proceed.

Jack Mevorach agrees with this answer

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

A: Based on your post, you are clearly confused about the case. An executor is in a will by definition. Thus, the statement there is "no will" and the brother is "executor" is legally inconsistent. I am not sure what happened here by your post. Is an "assessor" an appraiser or a government official? You need to talk to a lawyer and bring the papers you have already. I cannot tell if anything is wrong.

Jack Mevorach agrees with this answer

Jack Mevorach
Jack Mevorach
Answered
  • Cedarhurst, NY
  • Licensed in New York

A: Have a free telephone consultation with counsel.

Jack

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