Apartment Complex, past family memeber/manager, gross negligence?

[SOOL]

A sister of mine was teh executrix to our late mothers estate, consisting of a 72 unit apartment complex in New York.

We have just taken over, had here removed and are uncovering numerous instinces of in my opinion, gross mismangement and negligence, including:
* Not paying corporate taxes since 1998 thus causing huge penalties etc.
* not collecting rent
* leaving 17 units unrented for over two years. Never even ran an ad in the newspapers
*ruined the apartments credit via not paying bills of any kind from electric to the local corner hardware store.
*allowed insurance (property and liability) to run out for over three months.
*etc., etc, etc.

Now that you know most of the ugly stuff here is my question. She recieved payment of appx. $40K plus per year to "run" the apartment complex, and in our mind to do so successfully. When in fact she has basically run them into the ground.

Can we go after her for any pay she recieved to offset our losses? And, since she is a 1/3 rd owner, could we go after any portion of her thrid as restitution? Obviously, all of this is based upon the premise that we can in fact prove it.

But if we could, what are the laws, and what are our odds?

Thanks,

Carl E

 

[ALawyer]

If you removed her I'd bet you have a lawyer -- and if not you will need one. Ask the lawyer you retained. You don't need a general answer and I do not know the facts to be able to answer more than "sure, an executor or agent can be liable for mismanagement and the damages incurred". But I do know that at the very end she'd still be your sister.

------------------
This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com