Executor not doing his job HELP

[mike zimmer]

I live in Tx. My mother lived in NY. She passed on 11 Oct, 2000. Her will named myself, my brother, and my niece as benificiaries of her estate. There is no real estate involved or minors. So far there is only cash in her bank accounts, a 94 automobile, and a bedroom set( Low value). Plus whatever may be in her safety deposit box at the bank. For reasons unknown to me, when my mother had her new will made in Feb, 2000 she had the attorney who drew up the will named as exuctor of her estate. He was notified of her death on 12 Oct 2000. As of today 27 Nov 2000 it doesn't appear that he has done anything. The safe deposit box has not been opened, he has not contacted her bank officer, he has not submitted a change of sddress with the post office and I don't believe he has filed the probate. I have called his office 4 or 5 times but cannot get him on the phone nor will his secratary tell me anything more than "He's working on it" . He has not returned any of my calls. How can I have him removed as executor? What is a custumary time frame for filing for probate after death? What fees can he charge to the estate? I will be very thankful for any help that can be provided. Thank You

 

[ALawyer]

As to fees, they would be subject to court approval, and typically are based on the size of the estate and time spent in its administration.

In some states it is mes sometiinappropriate for the attorney to name him or herself as an executor, and in other states there are restrictions on the ability to serve as dual executor and attorney and also get double fees, but I do not know NY's current rules.

Apart from that, a month is not an unusual delay, as these matters are not pressing, the lawyer or executor often insists on the running of the short post-death statute of limitations against any claims coming in before making distributions to any beneficiary, and if the estate is sizeable there are Federal and in NY state estate taxes to file and then one typically has to wait for clearance.

I'd confirm my phone calls to the lawyer in a polite in writing and ask when the steps are expected. Also, if you have doubts as to what is going on, get a lawyer of your own in NY to advise you and monitor the matter.