Overseeing the Executors actions, need help

[own3d]

What is the name of your state (only U.S. law)? New- York

My question involves estate proceedings in the state of: New-York

MY father has passed away 2 years ago. He has nominated 2 executors to his will. Unfortunately it has been 2 years and the executor is still trying (according to them) to settle any disputes between the beneficiaries, while liquidating the majority of the assets.
I would like to know if there is any government body that oversees the actions of the executors to make sure that they are indeed valid and are carried out in the best interests of the beneficiaries.

I live in Canada so the US legal proceedings are quite foreign to me in nature, but I have a strong feeling that the actions of the current executors are not legitimate, since they are selling properties bellow the market value, etc.

Any help would be appreciated, even a tip on where to start.
Thank!

RS

 

[anteater]

The Surrogate's Court in the county where your father resided oversees probate cases. But, generally, the court does not engage in day-to-day supervision. Again, generally, the court admits the will to probate, appoints the executor(s), and stays out of the way until the probate case is ready to be closed. Unless one of the interested parties brings an issue before the court.

You can call the applicable Surrogate's Court and ask to receive a copy of the case file. In many states, the executor(s) would be required to submit an annual accounting if the estate remains open for more than 12 months. I don't know if that is required in NY, but you could petition the court to order the executor(s) to account.

Realistically, if you suspect wrongdoing, your best option is to retain a local NY attorney.

 

[curb1]

own3d.

You said, "He has nominated 2 executors to his will". They don't legally become the executors of the estate until granted that position by the courts. Has this been filed with the courts yet? Or, are the "executors" just winging it on their own?

 

[own3d]

The Surrogate's Court in the county where your father resided oversees probate cases. But, generally, the court does not engage in day-to-day supervision. Again, generally, the court admits the will to probate, appoints the executor(s), and stays out of the way until the probate case is ready to be closed. Unless one of the interested parties brings an issue before the court.

You can call the applicable Surrogate's Court and ask to receive a copy of the case file. In many states, the executor(s) would be required to submit an annual accounting if the estate remains open for more than 12 months. I don't know if that is required in NY, but you could petition the court to order the executor(s) to account.

Realistically, if you suspect wrongdoing, your best option is to retain a local NY attorney.

Thank you for the info! I will contact the Surrogate court to see the annual report ASAP

own3d.

You said, "He has nominated 2 executors to his will". They don't legally become the executors of the estate until granted that position by the courts. Has this been filed with the courts yet? Or, are the "executors" just winging it on their own?

They were nominated as the executors in the will itself and the will went in to probate 2 years ago. Currently there is one disputing party that is trying to dispute the will as a whole which according to the executors is costing them a lot of money in legal fees, hence the reason why they are liquidating the assets at a fast pace.
One of the properties was sold at about 35% of the market value. I suspect that they are making deals with people to underprice the properties and other assets and receive a compensation from the buyers....