Executor not to be trusted. Can he be removed in NY?

This is a discussion on Executor not to be trusted. Can he be removed in NY? within the Wills, Trusts, Estates forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; 3 women were left a house and all its contents in NY. One of the women is a Co-executor. The ...

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Old Sep 29th, 2009, 06:32 PM   #1
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Confused Executor not to be trusted. Can he be removed in NY?

3 women were left a house and all its contents in NY. One of the women is a Co-executor. The other Co-executor is a man who feels he should "right the wrongs" done 15 years ago to a sister of the deceased. The will specifically says she and her family get NOTHING. He wants keys to house so she can go in and remove items. He wants only the Executors to have keys. The 3 women have taken care of the house and belongings.The lawyers say the benficiaries have no rights and cannot even ask questions of the attorneys until after probate which they say will take 2-3 years. We can take it up in court at that time. In the meantime he will destory the house and the private property that belong to the 3 women.They also say we have to work with this man. He is going against everything the deceased wants and stated in his will. Can we have him removed since he is not willing to follow the will??? Help.....
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Old Sep 30th, 2009, 10:15 AM   #2
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Default Re: Executor not to be trusted. Can he be removed in NY?

For one thing, the attorney is either lying or grossly mistaken in his/her capacity as an attorney. Probate does not take 2-3 years. It is usually settled fairly quickly.

Secondly, there is usually only one Executor of a Will, with 2, perhaps more backup Executors. The Will needs to be filed in Probate Court in the jurisdiction where your loved one resided before death.

This person is acting fraudulently. Whoever the Executor of the Will is, that's the person who makes the decisions; unless they have also died, become incapacitated, or has decided to refuse the position. The Co-executor, as it stands now, has no say in the matter.

Has the Will been recorded with the Probate Court? If not, inform this "brilliant" attorney that it needs to be filed immediately. As it stands now, whoever the deceased left the house to is the owner. Was there another name on the title?
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