Beneficiary Rights

[silkyjazzsinger]

What is the name of your state? NY

My sister is the executrix of a will my mother made leaving all property and assets divided equally between 4 siblings, myself and sister included. Problem is my sister is noncommunicative. The will has gone through probate May 2004. The Clerk in the Probate office at the county court house says 7 months more are needed for all debts to be declared. The time has passed. I verbally told my sister that I would like them to buy me out. It is now March 2005, the 7 months have passed. Should I formally request a buyout now? By certified mail? If she should deny me, would I need a lawyer? Would I have to go to court to get her to buy me out? Is this the right time to go about doing this? Thanks for any help you can provide.

 

[BelizeBreeze]

It would help if we knew what you were talking about. For example, is it a dog, a fruit cake given to your mother for the christmas 1965 or a house?

 

[passingby]

I feel your pain

I too have an noncommunicative sibling handling the affairs of my deceased parent. My sympathies!

First, check with the Clerk to see if the probate has been closed on the estate yet. Just because they say 7 months doesn't mean the estate will be closed by then, thereby making your inheritance available.

Second, as exectrix of the estate your sister has a fiduciary responsibility to keep you informed of what is happening IF you request it in writing, preferably by certified mail with signature required..to be on the safe side. If she does not communicate with you after that (state in the letter how long you will give her) then she is in violation of her 'court appointed' responsibilities and you can take her to court. You don't need a lawyer. This sort of thing happens all the time and the judge will take care of it and make your sister communicate with you or she will be in contempt of court.

Thirdly, if probate is closed and your inheritance is available and she won't cough it up to you, then she is guilty of theft. Send the sherrif to her door with a 'warrent in debt' for the amount of your share.

But first make sure with the Clerk that the estate/probate has been finalized and closed. Good luck!

 

[BelizeBreeze]

I too have an noncommunicative sibling handling the affairs of my deceased parent. My sympathies!

First, check with the Clerk to see if the probate has been closed on the estate yet. Just because they say 7 months doesn't mean the estate will be closed by then, thereby making your inheritance available.

Second, as exectrix of the estate your sister has a fiduciary responsibility to keep you informed of what is happening IF you request it in writing, preferably by certified mail with signature required..to be on the safe side. If she does not communicate with you after that (state in the letter how long you will give her) then she is in violation of her 'court appointed' responsibilities and you can take her to court. You don't need a lawyer. This sort of thing happens all the time and the judge will take care of it and make your sister communicate with you or she will be in contempt of court.

Thirdly, if probate is closed and your inheritance is available and she won't cough it up to you, then she is guilty of theft. Send the sherrif to her door with a 'warrent in debt' for the amount of your share.

But first make sure with the Clerk that the estate/probate has been finalized and closed. Good luck!

And what does any of this have to do with answering the specific question asked?

 

[silkyjazzsinger]

Thanks and here's more info.

Thank you both for responding.

BelizeBreeze, it's assets including a house worth $274,000. I'm not sure if "probate is closed." I might have used the wrong terms in error. From what I understand in NY state, after the judge validates the will, all parties who want their debts satisfied must contact the executrix within 7 months.

passingby, thanks for your advice. I will write a letter asking my sister to inform me of what is happening and will send it certified mail. And I will go back to the clerk and check whether estate/probate has been finalized/closed. After that, well, I hope it won't come to court. My sister was trained as a paralegal and I'm sure she won't want to have trouble. It's just that by her not relating to me, she can conveniently forget things she doesn't want to deal with.

 

[passingby]

hmmm

And what does any of this have to do with answering the specific question asked?

I thought her question concerned dealing with an noncommunicative executor. Guess I'd better sue my English teacher for letting me pass reading comprehension if that was not the gist of the question.

 

[anteater]

Thank you both for responding.

BelizeBreeze, it's assets including a house worth $274,000. I'm not sure if "probate is closed." I might have used the wrong terms in error. From what I understand in NY state, after the judge validates the will, all parties who want their debts satisfied must contact the executrix within 7 months.

passingby, thanks for your advice. I will write a letter asking my sister to inform me of what is happening and will send it certified mail. And I will go back to the clerk and check whether estate/probate has been finalized/closed. After that, well, I hope it won't come to court. My sister was trained as a paralegal and I'm sure she won't want to have trouble. It's just that by her not relating to me, she can conveniently forget things she doesn't want to deal with.

It's not real clear what you want. Status of where probate stands? Communication with your sister? Buying you out of something or other?

If you want the status of the probate case, then it's down to the courthouse.

I don't know New York, but in most states, the required communications between executor and beneficiaries is pretty limited: 1) notice to potential beneficiaries that they may stand to inherit at the beginning of probate, and 2) the plan of distribution and an estate accounting at the end of probate. Unless you have some suspicion and evidence of wrongdoing, I don't know how far you are going to get in asking the court to compel the executor to communicate with you. One year is not an inordinate amount of time for probate, especially with a house involved.

You can make all the offers to have the other beneficiaries buy you out that you want. Nothing compels them to respond to you, negotiate, or accept your offer. Besides, until you actually own something (like your name on the deed of the house as a co-owner), there isn't anything to buy you out of. Assuming the house is not being sold by the estate and that the beneficiaries will end up on the deed as co-owners, then you can request that they buy your ownership stake or bring a suit for partition.

 

[Dandy Don]

Try to get some idea from executor about her plans for the house--does she intend to sell it or not, rent it out, live in it? Then discuss with your siblings if they would be interested in forcing a sale to be bought out and paid for your shares if the home is sold.

DANDY DON IN OKLAHOMA ([email protected])

 

[silkyjazzsinger]

Anteater, how about all of the above!

You've given me something to really consider. I originally thought communication was that limited; I just wanted to be sure. My sister was trained as a paralegal and she must know that because she wouldn't give me the name of the lawyer who handled the will.

Rethinking it now, I'll check status of probate and go from there. Anyway I did ask her for an update on the status of things by e-mail in a non-threatening manner. If she doesn't respond I'll leave it alone. But in the meantime, I have a paralegal friend I can question who knows NY law. If it is as passingby says, I'll move to action.

Dandy Don, I think my two sisters and nephew plan to keep the house. So once probate is closed and my name appears on deed (does that usually happen after probate?), I'll ask for the buy-out.