Can i file a claim against the executrix of an estate for neglecting to maintain the estate?

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1. Licensed in NY

   

   Jayson LutzkyPro

   Bronx Divorce / Separation Lawyer

   Contributor Level 20

   

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   Answered January 20, 2013 17:15. Did the court appoint her the executrix and did you consent? If she fails to act appropriately, then have your attorney advise the court.

   If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... moreIf this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com. less

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2. Licensed in NY

   

   James D. Kiley

   Great Neck Personal Injury Lawyer

   Contributor Level 12

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   Answered January 20, 2013 18:32. You're a long way from losing the house to foreclosure. Whats the plan with the house? Are you selling it? Is it on the market? How much equity? Who are the beneficiaries? If they have the money, they should make the payments and bring the mortgage current to protect the equity and their inheritance. If the executrix is not preserving the assets, you can move to have her removed. You need to consult with an estate attorney.

   This communication does not create an attorney/client relationship. My firm is a second generation family firm... moreThis communication does not create an attorney/client relationship. My firm is a second generation family firm successfully handling personal injruy and medical malpractice cases for over 35 years. "Let Our Family Help Your Family" www.kileylawfirm.com 516 466-7900 less

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3. Licensed in NY

   

   Sharon SiegelPro

   New York Probate Attorney

   Contributor Level 14

   

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   Answered January 24, 2013 18:10. Your dad "made" his girlfriend the executrix. This is the tricky part. Is there a will nominating her as executrix. Even if there is a will nominating her as executrix, did you consent to her serving as such? Did she just say you dad told me that I'm the executrix. I assume from your post that she is living in the house or is staking some claim to it. In NY, if there is a will with a specific bequest of real property in it, the real estate passes to the beneficiary. It is important for you to sit down with a lawyer and determine if there is any reason you should fight her in whatever capacity she is in? This will largely be determined on if there is equity in the house. I would consult a lawyer. If she is not appointed by the court, I would consider filing an administration petition. Consult a lawyer to review your options.

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4. 

   James Frederick

   Livonia Probate Attorney

   Contributor Level 20

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   Answered January 20, 2013 18:21. In addition to Mr. Lutzky's questions, are there any other assets in the estate? If the estate is insolvent, then she likely has no duty to maintain it. More information is needed before knowing what you can do against the girlfriend, if anything. As far as the property is concerned, if there is significant equity to preserve, you can pay on the mortgage and prevent the foreclosure. Whether it makes sense to do so depends on the amount of the equity as well as who the beneficiaries of the estate are.
   
   James Frederick

   ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful! less

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