New Windsor, NY asked in Probate and Estate Planning for New York

Q: Can I file a complaint to a NY agency as a third party against an executor for the mishandling of an estate settlement?

The decedent passed in 2010 with a single townhouse as an asset. The executor (50% bene.) spent only four months trying to sell it and later rented in until 2018 when it was sold for $205K. The beneficiary (50% bene.) turned 21 in July 2022 and has just been informed (3 months later) that his proceeds are only $57K. No accounting will be provided unless the beneficiary pays the estate lawyer's legal fees. I’m not seeking damages as my son (the beneficiary) want’s this to be over. Can this be reported to anyone, simply for accountability as the family history suggests malice on the part of the executor?

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

A: Short answer is no. Without an accounting proceeding how do you know there was wrongdoing? The expense of the accounting is borne by the estate off the top, not your son's half. And, if there was wrongdoing, the executor can be surcharged a penalty for the wrongdoing. Asking for an accounting is a short petition, and is always granted as a matter of right.

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