Administratrix' Responsibilities to Heirs - Unbelievable situation!

[jgalt]

By legal definition and established rules, specifically what responsibilities does the Administratrix of an intestate estate in NY have to the heirs of that estate? In this case, the Admin is also an heir along with 2 siblings, whose father passed 3+ years ago. Admin decided year ago to sever all communication with sibs, who are now in complete dark about any and all aspects, for example; (1) property has been sold, income collected from another property, unknown disbursements paid to self, and GOD knows what else without sibs knowledge. Sibs obtained own attorney who is not being cooperated with. Estate valued $2 million, discovery finished year ago, no returns filed, no taxes paid, estates attorney & accountant completely lethargic. Sibs initially (and foolishly) named other sib as Admin, who has had no personal interest in Estate (other than cashing out) from start. Sibs now know Admin sister less than honorable, devious and out for self, cannot be trusted any longer. Admin allowed Estate assets to deteriorate, other offenses. Estate will be penalized financially for tardy filings, Estate accountant doesn't care, Estate atttorney just waiting for his 'payday', doesn't care either. Sounds preposterous? Believe it, its true! I NEED ADVICE PRONTO!

 

[advisor10]

3-26-2002

DEAR JGALT:

Administratrix, for whatever reasons (who knows?) is stalling and probably just lazy or intentionally trying to delay things as long as possible to keep other heirs from getting paid.

Have you all asked her what her reasons are for the estate remaining in this position? Is it possible that in her defense there are lots of matters to be taken care of in this estate that can't be handled quickly as you would like?

If you or your attorney have documentation proving that the estate is currently being penalized for not filing tax returns or other penalties, then this is grounds for having her removed or replaced as administratrix for breach of duty, and your attorney can file a motion to get this going, at least scheduling some type of hearing so the probate judge can find out what is going on with this negligent administratrix. She should be replaced by a competent probate attorney.

SINCERELY,

advisor