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In NYC Queens County my sister is the executrix of my mothers…

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In NYC Queens County my...
In NYC Queens County my sister is the executrix of my mother's estate. She sold one property without my approval. Is that legal? Also, is she allowed to evict tenants that are living in another property we own? Apparently she has told our attorney's not to speak to me and they are following her wishes. I am paying half of their fees and they will not speak to me. Is that legal?
Submitted: 6 years ago.Category: Estate Law
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3/6/2012
Estate Lawyer: lwpat, Attorney at Law replied 6 years ago
lwpat
lwpat, Attorney at Law
Category: Estate Law
Satisfied Customers: 25,387
Experience: Attorney with experience in wills, estates and trusts
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I am sorry to hear of your situation. The personal administrator of the estate has all of the power. That means that she can sell property, evict tenants, whatever. If she breaches her fiduciary duty to the estate, say by selling to a friend at less than fair market value, you could petition the court to have her removed and the sale set aside. However, she has all the power and proving anything is very difficult. The attorneys work for her and only her regardless. If she tells them not to talk to you, then that is legal and they have to do as she says. Sorry but that is the law. Best wishes.
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Customer reply replied 6 years ago
Is there a limit on how much she can take as her payment for being executrix? Also, I see that she is taking cash withdrawls from the account set up to pay bills. Does she have to explain where that money is going or is this her personal jackpot?
Customer reply replied 6 years ago
Is there a limit on how much she can take as her payment for being executrix? Also, I see that she is taking cash withdrawls from the account set up to pay bills. Does she have to explain where that money is going or is this her personal jackpot?
Estate Lawyer: lwpat, Attorney at Law replied 6 years ago
Does she have to explain where that money is going or is this her personal jackpot?

She has to fully account for everything. If these withdrawals are significant you should retain an attorney and demand an accounting now rather than waiting.

The commission rate in New York for the Executor is 5% on the first $100,000 in the estate, 4% on the next $200,000, 3% on the next $700,000, 2-1/2 % on the next $4,000,000 and 2% on any amount above $5,000,000.
lwpat
lwpat, Attorney at Law
Category: Estate Law
Satisfied Customers: 25,387
Experience: Attorney with experience in wills, estates and trusts
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Customer reply replied 6 years ago
Does she have to keep me informed of what is happening with the estate? For example, my step brother is contesting parts of the will and there are court dates coming up. Does she have to tell me when there are updates or does she have free reign here too? Can I petition the courts to become co-executor or is it too late for that?
Estate Lawyer: lwpat, Attorney at Law replied 6 years ago
Can I petition the courts to become co-executor or is it too late for that?

You can but you would need to first show that she is not properly administering the estate.

Does she have to keep me informed of what is happening with the estate?

Not really but you would have to be notifed of any court hearings. The probate file is public and you can check it at any time.
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Customer reply replied 6 years ago
One more question -- if she decides to evict the tenants from our property does she have to give them ample notice? They don't have a lease because they are close friends of the family. Also, I'm worried that she will shut the utilities or something just to be vindictive. Will they have any legal recourse?
Estate Lawyer: lwpat, Attorney at Law replied 6 years ago
She will have to follow the proper eviction procedure with notice. Shutting off the utilities would be illegal.
lwpat
lwpat, Attorney at Law
Category: Estate Law
Satisfied Customers: 25,387
Experience: Attorney with experience in wills, estates and trusts
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Customer reply replied 6 years ago
Can you tell me an estimate of how long the eviction proceedings take in Queens County? I'd like to give the tenants a heads up (general idea).
Estate Lawyer: lwpat, Attorney at Law replied 6 years ago
Assuming that there is no lease, she has to give them a 30 day written notice. Then if they do not move she would have to file for a judicial eviction. Then it just depends on the court, usually another 30 days.
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