uncooperative Administratrix

[S.Guy]

What is the name of your state (only U.S. law)? NY


My sister and I are to receive funds from a settlement our deceased parents were due. She being the eldest is the Administratrix.

I recently contacted the lawyer handling this case.

She tells me she has been looking for me for about two years and hasn't been able to contact my sister for over a year and a half.

During this period of time my sister has known my contact info and we have been in contact with each other.

She has led me to believe that the hold up was the lawyers fault and she is on top of things and has been waiting for paperwork from them.



I would like to know:

A) Is there anyway my sister as Administratrix could cut me out?

B) Is there anyway I could work around her to get things moving?

Thanks in advance!

 

[anteater]

A) Is there anyway my sister as Administratrix could cut me out?

Well, sure. She could take the money and say, "So, sue me!"

B) Is there anyway I could work around her to get things moving?

Since you refer to her as the Administratrix, I assume that probate has been opened and she has been appointed by the court to administer the estate. Your recourse with be with the Surrogate's Court. Either asking that she be removed or that the court order her to get on the stick.

 

[TrustUser]

hi ant,

wherever i read, it almost always says that trustees are dealt with very sternly, and can be thrown in jail for deliberate fraud, etc.

to what degree are trustees/executors really tossed in the can for obvious fraud ?

 

[Dandy Don]

As of right now you have no specific evidence that would legally constitute fraud, nor could you show how that you have been financially damaged. Best thing you could do is to retain your own attorney so that your attorney can deal with her on your behalf so that you won't need to have hardly any further contact with her.

 

[trust_id_09]

Trustee's take

As of right now you have no specific evidence that would legally constitute fraud, nor could you show how that you have been financially damaged. Best thing you could do is to retain your own attorney so that your attorney can deal with her on your behalf so that you won't need to have hardly any further contact with her.

Don, you are always assuming most trustees are crook and a beneficiary should go after them. I am talking from my own experiences, not so in all cases. Although trustees have the burden to prove his/her actions to beneficiaries, it is unfortunate, that there is very little remedy to greedy, disgruntled and unsophisticated (I am being polite here; ignorant should be used in this case beneficiaries) who see only $$ and would stoop to any level to try to get more $$. Even though, there is no more to be had. Case in point, I have a beneficiary who knows absolutely nothing about the financial and or medical hurdles the decedent and the caretaker went through for more than a decade. except, the decedent was generous enough to think of Disgruntled by throwing that beneficiary a bone. Well, pun intended, that bone becomes a bone of contention for that beneficiary. Costing me, the wishes of the decedent my lawyer, the beneficiary's own lawyer and the court system's time a lot of grief in search of more $$. Those almighty Benjamins make people, one would not expect, do summersaults left right and around and lose their dignity in the process (dignity need not apply here). Just because they can. I have learned an important lesson to blow every dime I have by a certain age and left the remnance to a library of my choice instead of leaving enything for those greedy ingrates. Ninety nine per cent of the times, are unfulfilled parasites who spend their lives unemployed and spending like there is no tomorrow. Waiting for someone in their family to die and lay claim to the crumbs of decent, productive human beings who happened to be related to them.

My two (2) cents.

 

[anteater]

hi ant,

wherever i read, it almost always says that trustees are dealt with very sternly, and can be thrown in jail for deliberate fraud, etc.

to what degree are trustees/executors really tossed in the can for obvious fraud ?

Mileage may vary, but I just don't see many criminal cases being brought unless we are talking big bucks and particularly egregious actions.

Probably more often in the past, but I think that there is still a tendency to say, "There are civil remedies available and the criminal justice system only has so many resources."

 

[anteater]

I have learned an important lesson to blow every dime I have by a certain age and left the remnance to a library of my choice instead of leaving enything for those greedy ingrates.

That's the spirit!

Don't forget the Charitable Home for Aged Anteaters, Punta Gorda, Belize.