Can a judge act as te executor of an estate because it is contested by a family member?

Asked about 2 years ago - Brooklyn, NY

A family member contested a will, but soon after withdrew his contestation. The judge decided tht she wants to distribute the contents on the will herself. Is this legal in NYC?

Attorney answers (3)

  1. Michael S. Haber

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . It sounds like you are confused about what went on during this probate proceeding. I don't think the judge decided that she wanted to serve as executor. Perhaps it was that the court suggested that the Public Administrator serve as the personal representative of the estate.

    Good luck to you.

    Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are... more
  2. Roman Aminov

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . I agree with Mr. Haber. I have never heard of a judge inserting themselves as the executor of the estate. You should probably speak to an attorney about your particular situation, perhaps even just for a short consultation.

    Sincerely,

    Roman Aminov, Esq.

    Law Offices of Roman Aminov

    147-17 Union Turnpike | Flushing, New York 11367
    P: 347.766.2685 | F: 347.474.7344
    Roman@AminovLaw.com | www.AminovLaw.com

    This answer does not constitute legal advice and no attorney client relationship has been formed. Before choosing... more
  3. Dana Whitney Atchley

    Contributor Level 14

    Answered . I would agree with the other two answers that it is unclear exactly what happened and that you may not have fully understood what was going on. Considering the potential consequences if this is done incorrectly, I would strongly suggest that you consult with competent legal counsel in your area who has experience with probating wills and the Surrogate's Court. It is entirely possible that what the judge did was perfectly legal, but then again, it's possible that what the judge did was wrong; unfortunately we can't really help you figure out which one based on the limited facts you've provided.

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