Petition for Removal - CHnaces of Success

[newyorkprobater]

What is the name of your state? NY

This estate entered probate in Early March, 2006

Two beneficiaries have filed for the removal of an executor because:
-Executor has moved into decendents house and is using all possessions as thier own and not paying rent to estate
- Has not provided beneficiaries with inventory or accounting of estate
- Has not reported assetts to the probate court
- Has not produced financial records to estate attorney
- Is also a beneficiary and may have a conflict of interest
- Has allowed house and property to to become run down
- Has rewired house, purchased appliances and has guests every weekend.

Action was commenced when estsate attorney notified benficiaries in writing that executor was not responding to phone calls and letters and they other beneficiaries should be concerned about the assets of the estate.

The will names a replacement executor in the event first executor cannot perform duties.

What are the beneficiaries chances of prevailing in this matter and allowing the replacement beneficary to be appointed by the court?

What tactics might the current executor employ to stall this action?

Thanks!What is the name of your state?

 

[You Are Guilty]

What is the name of your state? NY

This estate entered probate in Early March, 2006

Two beneficiaries have filed for the removal of an executor because:
-Executor has moved into decendents house and is using all possessions as thier own and not paying rent to estate
- Has not provided beneficiaries with inventory or accounting of estate
- Has not reported assetts to the probate court
- Has not produced financial records to estate attorney
- Is also a beneficiary and may have a conflict of interest
- Has allowed house and property to to become run down
- Has rewired house, purchased appliances and has guests every weekend.

Action was commenced when estsate attorney notified benficiaries in writing that executor was not responding to phone calls and letters and they other beneficiaries should be concerned about the assets of the estate.

The will names a replacement executor in the event first executor cannot perform duties.

What are the beneficiaries chances of prevailing in this matter and allowing the replacement beneficary to be appointed by the court?

Geez, let me guess, you're doing this pro se? If so, your chances are somewhere between 0 and 100%. (My personal guess would be closer to the 0 side of the scale).

What tactics might the current executor employ to stall this action?

Too many to list.

Thanks!What is the name of your state?

What was the result of your petition for an accounting? (hint hint)

 

[newyorkprobater]

No Pro Se

No, we have secured representation. When you say between 0-100%, what will the court consider when asked to remove an executor? We have been advised that we are likely to prevail, but I am pessimistic, knowing that the judge will strongly wiegh in on the decedents wishes....

Thanks again...

 

[You Are Guilty]

No, we have secured representation. When you say between 0-100%, what will the court consider when asked to remove an executor? We have been advised that we are likely to prevail, but I am pessimistic, knowing that the judge will strongly wiegh in on the decedents wishes....

Thanks again...

It really is too long to get into on a website, but google "fiduciary relationship" to get a sense of what the position requires

And the judge will first consider the results of the accounting the executor was ordered to file (you did request one, right), in order to determine the current state of the estate (e.g. it's financial health). But there are dozens of other factors that could have some bearing, each specific to the individual case.


PS: Why aren't you asking your attorney these questions? They're the ones with all the facts, not us!

 

[newyorkprobater]

Yes, we requested an accounting and were ignored..the estate attorney has informed us that he has told the court that the executor has also missed other deadlines....

I am consulting you fine folks to help me get a feel for our chances of success in removing the executor..We have been assured we will prevail, but I like to know from others what they think..

Once agian, thank you...