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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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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: 4 months ago.
Category: Estate Law
Expert:  Loren replied 4 months 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?