How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas McJD Your Own Question
Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
19305272
Type Your Estate Law Question Here...
Thomas McJD is online now
A new question is answered every 9 seconds

My father passed away 3 years ago. My mom did not disclose

Customer Question

My father passed away 3 years ago. My mom did not disclose the dividend checks she was receiving from my father stocks. One has just my fathers name on it and the other has both my mom AND my dad. (not OR)
My mom and I went to the surrogate court and we started filing to open an estate account in order to cash the checks.
We had the will, affidavits for both me (daughter and one of 2 executors) , affidavit from my mom stating why she took over 3 years to file this and the checks in question that were under the value of $30,000 . (anything over requires higher courts to process according to NY)
The problem is that my brother is the other executor and refuses to sign for affidavit so we can proceed and the surrogate courts can notify everyone listed in my fathers will.
How can we work around this? The value of the checks in my fathers estate is a little under $20,000.
Thank you.,
Submitted: 13 days ago.
Category: Estate Law
Expert:  Loren replied 13 days ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you. My condolences for your loss.

Has the will been admitted to probate? Have letters testamentary been issued to the executors?

Has your brother indicated why he refuses to sign? What does he want?

Related Estate Law Questions