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After two years, executrix still in house, fires attorney

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MrsMarbles

Junior Member
What is the name of your state? NY

Our Mother passed away over two years ago. Father was already deceased. Two siblings lived in Mother's house, one taking care of her in her last years. Caretaker sibling had POA , and was paid for taking care of Mother. There was an accounting of our Mother's finances at the time of the POA, and then the caretaker sibling blew through more than $500k in the next couple of years. She refuses a financial accounting, as she did when our Mother was alive. Our Mother's lawyer simply ignores requests for an accounting of our Mother's finances before her death.

After Mother's death, the family met with the lawyer. The estate was equally split between eight surviving children. One sibling was requested to vacate the house within 30 days. The caretaker sibling, who became the executrix, was given 4 months (over my objections), but the lawyer gave us his personal assurance that the house would be vacated and sold within 6 months. "Trust me," he said. The backup executor also assured us that he would make sure the house was sold and the estate closed, as promised.

Maybe I am a pessimist, but the caretaker sibling had already refused to put her adopted child into school when she became school-age, claiming she was home-schooling her. And she vehemently refused to get a job, after Mother died. So I was skeptical that she would leave a rent-free situation without some prodding. Also, she becomes erratic and threatening whenever questioned or asked for accountability. She is still unemployed, and without health insurance.

Over the next two years, the lawyer and the executrix ignored all requests from the other siblings, except an occasional letter assuring us that the house would be put up for sale very soon, and that an accounting of the estate would be issued soon.

Now it is more than two years later, and the executrix is still in the house, which is not on the market, and she just fired the attorney. Either she has backdated her letter or he has taken almost a month to notify us of the firing. In any case, he sent a letter informing the beneficiaries of the firing, tells us he's notifying the court, and that he is turning over the file to the executrix.

From my perspective, the lawyer took a hefty percentage of the estate and didn't do anything except file the initial papers. Is that all he had to do? The executrix has been living rent-free in the house for over two years, despite pleas from the rest of the family to vacate the house and put it up for sale. Both of them have ignored demands from the family that she pay rent for the time she has lived there. It doesn't seem right that they could just stall us for two years and then she can fire the attorney and buy more time.

Misc. detail: This not a large estate, since the executrix spent most of the money before Mother died. The backup executor tried to reason with the executrix once, and now does not want to get involved. Suing the executrix seems pointless, since she has no interest in getting a job.

Two other siblings have previously consulted with attorneys; both said that there was nothing we could do before two years was up. But now more than two years has passed. What can we do?
 


anteater

Senior Member
Two other siblings have previously consulted with attorneys; both said that there was nothing we could do before two years was up. But now more than two years has passed. What can we do?
I don't know what the magic is about two years before taking action against a non-performing executrix. Maybe that is the length of time that those attorneys felt the court would allow the executrix to perfrom before taking action. I doubt that is in the Surrogate Court procedures. But, the past is... well.. past.

You, or another of the siblings, or a group of the siblings should retain an attorney and petition to remove the executrix. If the contingent named in the will does not want "to get involved," he/she can waive the right to serve.
 

MrsMarbles

Junior Member
So there is no two year limit to closing out an estate? That's weird because both lawyers said we had to wait that long before we could question the executrix's actions. Plus she fired our Mother's lawyer right at the two year anniversary of the initial filing.

The past may be in the past, but we are still unwillingly providing financial support to the executrix. She has been and still is taking advantage of the situation to sponge off of her siblings, with no end in sight. Apparently, some people really will do anything for money.

I think it's very sad, because we all used to care. If she had just been willing to move on with her life, she would have found plenty of help from her siblings. She is not stupid; she has an advanced degree and used to teach at a university. Instead, she refuses to get a job, refuses to put her child in school, and just pretends that she's a stay at home mom and we all have to support her for the rest of her life. Now no one will touch her situation, because no one (myself included) wants to be saddled with a parasite, especially one that thinks she's knows better than everyone else and is verbally abusive.

In any case, isn't there a form that we can file to force her to sell the house and close the estate?
 

anteater

Senior Member
So there is no two year limit to closing out an estate? That's weird because both lawyers said we had to wait that long before we could question the executrix's actions. Plus she fired our Mother's lawyer right at the two year anniversary of the initial filing......
My guess, and it is a guess, is that they were giving advice based upon experience with how the court works, rather than citing any statute or rule. In any event, it does not matter now.

In any case, isn't there a form that we can file to force her to sell the house and close the estate?
Maybe, just maybe, a well-meaning clerk at the court will show you the mechanics of petitioning the court. If they have time... Maybe.... But you aren't going to get legal advise. I recommend that one of you retain an attorney to do it.
 

MrsMarbles

Junior Member
Yes, well, the problem with hiring an attorney is that the sister will probably lose custody of her adopted child. Not without cause.

I am very disappointed that our Mother's attorney was unable to honor his word and bring a close to unfortunate mess. It would have been best for all, if this matter had been quickly resolved, as requested.

Thanks for your comments.
 

anteater

Senior Member
Yes, well, the problem with hiring an attorney is that the sister will probably lose custody of her adopted child. Not without cause.
I don't see the connection between hiring an attorney to help petition the court to either replace the executrix or get her moving to resolve the estate, and her losing custody. Your goal is to sell the house and get the estate closed, right? There is no need to get into the "sponging", the home schooling, etc. The argument that the executrix has not fulfilled her estate administration responsibilities should be sufficient.

I am very disappointed that our Mother's attorney was unable to honor his word and bring a close to unfortunate mess. It would have been best for all, if this matter had been quickly resolved, as requested.
Remember that the attorney works for the executrix. If the executrix refuses to move, there is not much the attoreny can do. It may have been unwise of him/her to promise a quick resolution, but he/she probably based that on the complexity of the estate and having a willing executrix. Maybe the attorney was fired because he/she was pressuring your sister to get a move on and is as disappointed as you are.
 

MrsMarbles

Junior Member
FYI, nycourts.com cites the two year limit in its "Fiduciary Responsibilities of the Executor." It is part of Uniform Rule 207.42, which also mentions potential penalties for failure to fully distribute and officially close the estate with the Surrogate Court in a timely manner.

If our Mother's attorney was disappointed before, that's nothing to what he must be feeling now. The executrix sent out two letters accusing the original lawyer of incompetence, giving inaccurate legal advice, and filing inaccurate court documents and refusing to correct the error. Apparently she is planning to blame him in court documents for the fact that the estate is not closed. When pressed for details, the executrix cites a $12 misunderstanding with his legal assistant (where the executrix was in fact wrong) as the reason that she had to go out and hire a $200/hr attorney, using estate money. That, and a mispelled but hand-corrected word on the Inventory Form. She says that all of the estate details must be precisely correct as a matter of the high professional standards that must apply to all material presented to the Surrogate Court (she's an ex-English teacher).

But even with the frenzied i-dotting that seems to be going on, the new attorney will not be able to give a final accounting of the estate until the house is sold. And that won't happen any time soon. The executrix says that the house is too messy to be shown right now, but she'll talk to a real estate "in a few weeks."

Hard to believe the Surrogate Court is going to believe her lame excuses. And she gets nasty when things don't go her way. It is worrisome, because a year-and-a-half ago when a sibling wanted to come by and see the condition of the house, the executrix sent a letter threatening to "trash the house" if we wouldn't give it to her. Bet she didn't give her new attorney a copy of that letter.
 

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