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

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


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 limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as rendering legal advice involves the ability of the attorney to ask appropriate questions of the person seeking such advice and to thus gather appropriate information. In addition, an attorney/client relationship is formed only by specific agreement. The purpose of this answer is to provide the questioner with general information, not to outline specific legal rights and remedies.

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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.


Roman Aminov, Esq.

Law Offices of Roman Aminov

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This answer does not constitute legal advice and no attorney client relationship has been formed. Before choosing a course of action, it is always advisable to seek the advice of an attorney in your area.

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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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