Executrix Bailing Out on Probate

[chieftainpa]

What is the name of your state (only U.S. law)?
NEW YORK

My wife's aunt died in October 2002. A cousin was named executrix in the will. The will was not filed with Surrogate's Court until 2006. Last week, a lawyer [not the one who drew up the will or has been previously associated with the aunt or executrix] sent my wife a letter saying that the cousin has filed a notice with Surrogate's Court withdrawing as executrix. No substitute executor has been named or requested, even though the 2002 will named the cousin's husband and his brother as alternates in the event the executrix could not fulfill the responsibilities as executrix.
What does this all mean for my wife?

 

[Dandy Don]

Nothing. If your wife is named as a beneficiary she will still inherit if there are enough assets left over after bills are paid. Does she have a copy of the will to know what she will be receiving and has she been notified of any upcoming probate hearings?

 

[latigo]

It means "nothing"? Really?!

Her aunt has been in her grave for seven years; auntie’s will wasn’t filed until four years hence,; the wife has had no encouraging news from either executor in over three years; both executors have abandoned ship, AND YET ALL IS WELL. Marvelous! Your wife should be pleased to know this.

 

[chieftainpa]

My wife has a copy of the will which, we've been told, is the one filed with surrogate's court. Yes, she is named a beneficiary.

My wife suspects that some sort of statute of limitations [seven years in this case] has passed and the executrix bailed out, somehow invalidating the will and screwing the handful of beneficiaries out of their inheritance.

 

[anteater]

Your wife needs to:

1) Contact the attorney that sent the letter to find out as much as the attorney will reveal, and

2) a) Visit the Surrogate's Court to read and copy the entire probate file; or b) call the Surrogate's Court and ask that a copy of the file be copied and sent to her, and

3) Decide whether she needs her own attorney to represent her interests.

If probate has been open 3 years, it's possible that the cousin did not bail out but, rather, felt the pointed toe of the court giving her the boot.