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My father died intestate in Kings County N.Y. My half sister…

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My father died intestate in...
My father died intestate in Kings County N.Y. My half sister is the administrator of his simple estate, which has been open for 3 years. Four times she falsely told me the settlement documents would be submitted to the Surrogate Court within days. I relied to my detriment and accrued credit card debt to avoid depleting my IRA, which has been depleted by $30,000. due to servicing this debt and paying my mortgage, which I could have paid off with my share. My health has suffered because I cannot afford medical treatment for a heart condition. She moved 2 years ago and refused to provide her new address. I have an 83 year old uncle who is also a distributee. Can I sue her after the estate closes? In what court? Can I get attorney's fees? Punitive damages?
Submitted: 8 years ago.Category: Estate Law
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Answered in 8 minutes by:
6/23/2010
Estate Lawyer: Barrister, Attorney replied 8 years ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,023
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello,

.

You could potentially recover against her for "intentional infliction of emotional distress" if you can prove that her conduct was willful or malicious, that she did it just to harm you, and that as a direct result of her conduct you have suffered damages. If she has kept the estate open for three years and it is a simple estate, you need to file a Motion to Compel with the Surrogate court so a judge will order her to appear in front of him and explain why she has not performed her legal duties as administrator of the estate.

.

If it is not a complex estate, there is no reason why it should have been open longer than a year and a judge could order her to submit the documents to close the estate or face contempt charges and possible jailtime.

.

.

Thanks

Matt

 

 

If I have answered your question, PLEASE CLICK THE GREEN "ACCEPT" BUTTON NOW, so that I receive credit for my work. Bonuses are optional, and are greatly appreciated. If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

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