shafted by a family executor

[shafted34]

What is the name of your state? New York
My husband's uncle passed away 2 years ago (we live in PA). Uncle had a decent estate. My husbands sister was appointed executor, who at the time we all agreed to. All in all 4 siblings, of which were supposed to get approximately $68,000 each (after property was sold and all estate matters settled).
To the chase. After 2 years and hounding the sister-executor she has finally said 'Oh the checks are coming soon'. Great! We all had Thanksgiving (and awaiting siblings agreeing not to say anything), we just found out that the executor has spent most of the money - we are only getting approx. $8,000 each.
Apparently, she admits that she has spent some of the money, gambling, fixing her car and numerous other excuses.
Question: In reading some of the 'responsibilities of the executor' it is becoming clear that the only recourse for us is to sue the sister. What about the lawyer who handled the will? Does he have any responsibilities in the distribution of the estate?
We're talking over $180,000!

 

[hexeliebe]

the remaining siblings need to hire an estate attorney who will immediately move to have the executor removed and an audit of the estate done.

Once that is completed you can either sue her for misfeasence or file criminal charges against her, depending on the findings.

Either way, she needs her ass out of there yesterday.

 

[shafted34]

So the original lawyer - who was handling the estate, is not liable at all?

 

[hexeliebe]

that is not what I said at all. What I said is that you and the other siblings need to hire your own attorney, get the executor replaced and then take measures to investigate.

You won't know anything until you do this. Or if you want to wait until the estate is settled that's your right too. It's not my money.

 

[shafted34]

hexeliebe - Thank you. Ok, I understand.
Unfortunately, I believe that the estate has already been settled. Unless there is a 'grace' period after it has been disbursed in order for contesting.
All along the other siblings had been questioning 'when', 'what's the holdup' and also calling the lawyers office to ask questions. The office would pretty much 'blow them off', and saying not to call, it would just take longer for it to get done.
So, being the business naive folks and were 'afraid' to start trouble, they backed off. I guess they thought that they had no rights, didn't look into it either. They pretty much relied on the executor to handle the questions and continued to ask her.
Is there a 'grace period' after monies & property has been disbursed for contesting what has been going on?
I appreciate your knowledge of this, it is all new to me.

 

[shafted34]

Another notation:
Maybe there is some hope. In pounding away at this keyboard and inquiring information from websites I have happened upon information from aaa.abcny.org/executor.html - apparently (in NY) after the estate is distributed the executor must file with the probate office, in regard to how all of the assets were spent and distributed.
This may not be over just yet. Does anyone know if the beneficieries are contacted in regard to the satisfaction of distribution? I haven't found anything about Beneficiery rights, as yet.
We are still puzzled over the fact that over $200,000 has been spent in the course of 4 months. Maybe she has hidden it away somewhere?

 

[hexeliebe]

The first thing you need to do, as I said before, is find an attorney to investigate the matter. The will would have to have been filed in Surrogates Court in the County where the Uncle died and according to my reading of the applicable NY statutes, a final accounting must be made to the court, either informally if agreed to by the beneficiaries intoto or, a more formal accounting to the court.

New York Consolidated Laws Article 11 is where you will find the entire citation of statutes covering what can and can't be done.

 

[shafted34]

Thank you for you advice. I'm not trying to be 'thick', we intend to get legal help.
Right now, due to 'the problem' the cost of a lawyer may be difficult. Are there lawyers that can be secured, pending payment for their services, depending upon the outcome?
Because I am so far away from the actual 'site' and want to make clear on what we may be in for.
(My husband's brother - who is right in the area, is physically disabled and is not always capable of keeping on track with this.)
I know we will have to pick up the phone, I just need to be more educated in what can be expected.

 

[hexeliebe]

I am not that familiar with the NY legal landscape however, there are a few NY lawyers on this site and I'll leave this issue for them to discuss with you.

 

[shafted34]

hexeliebe- I appreciate your help. I have just e-mailed a legal office, online, that does do a 'first' visit for free. I have sent my 'problem/question' to them. They are located in the exact area of the Surrogate Court that would be handling this will's paperwork.
I would still like more information, if there are other's that are interested in 'sharing'. Thanks again 'h'.

 

[hexeliebe]

Glad to help. I'll keep this bumped to the top so we can get you more help.

Let me know how it turns out.

 

[shafted34]

Looks like this situation is not that uncommon. It makes me wonder if the executor knew that she'd possibly get away with it.
Who wants to spend thousands to possibly put someone in jail, and who isn't able to repay!!!

thread dibarb 'estate question' may have the same problem if speed isn't of the essence..

 

[shafted34]

Another Question:
What is the role of the attorney who has handled the will. Isn't it to make sure that the executor legally handles everything properly. What is the lawyer being paid for if not to make sure that all property/monies are distributed appropriately to the heirs? Is there a signed agreement between the estate's attorney and the executor - a legally controlled system? I cannot believe that an executor - who is usually legally blindsided with this job, has such 'easy' accessibility and may be easily tempted to mishandle the situation.

 

[Dandy Don]

Forget about "contesting"--what you will be doing is filing suit to get your rightful share of the estate. Try to find out if an executor's bond was posted for this estate, which might provide a possible avenue for recovery of monies.

If you file suit, you can introduce testimony of what the lawyer's actions were--right now you don't know for sure whether he is guilty of anything or not.

 

[shafted34]

Thank you Dan. As far as finding out if there is an executors bond, is this something that we can do on our own, or is this a job that a hired attorney does?