I DONT UNDERSTAND how a legally educated man with a long history of fraud, can be eligible executor of a estate worth millions.

Asked over 1 year ago - New York, NY

After uncle passes we learn a man we barley know is now executor not my father who has been for the past 20years. Suspicious behavior Exorbitant conditions in the Will we learned he was disbarred for fraud, reinstated 1month before new will was written. Was going to contest it until his top fee mega-firm (that we R forced 2 pay 4) starts w/ the dirty tricks & bull that the judge almost bought. 4Fear of loosing to dirty tricks our counsel suggests we settle on a50/50 co-executor ship. Nothing but hell since. He tried to get paid for work done by others. Stalls everything while adding up attorney fees. Doesn't care about good of estate the trust &definitely not the beneficiary's. He's a career Fraud. Assuming an Attorney w/fraud past is now ok, is'nt protecting the public. Can we remove him

Attorney answers (4)

  1. Edwin Drantivy

    Contributor Level 18

    4

    Lawyers agree

    Answered . Yes, you can, if you have legitimate proof that he is wasting the estate's assets. Past fraudulent history is a consideration, but it is not a determinative factor.

  2. Brian A. Raphan

    Contributor Level 10

    3

    Lawyers agree

    1

    Answered . In the State of New York, and I am certain, in other states, there are strict statutory qualification requirements for an executor. For example, a felon, under no circumstances, can be an executor. There is also an exclusion for “one who does not possess the qualification of a required fiduciary by reason of substance abuse, dishonesty, improvidence, want of understanding, or who is otherwise unfit for the execution of the office.” In your situation, it sounds like the nominated executor may not be qualified based upon his disbarment, which would have been predicated on a finding of fraud.

    Indeed, if no person who is nominated in the will to serve as executor, can serve, the court can appoint what is called "an administrator CTA" to serve on behalf of the estate.

    If this case is in New York, feel free to call and we can see if we can assist. It may be an easy situation to fix.

    Regards, Brian
    braphan@raphanlaw.com
    www.Raphanlaw.com

  3. Marco Caviglia

    Contributor Level 20

    2

    Lawyers agree

    Answered . While this is not an education question, I do agree with the other two attorneys. Felons are typically prohibited from serving in this type of fiduciary capacity. If that and wrongdoing exist, move expeditiously for removal in Surrogates' court.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more
  4. Marco Caviglia

    Contributor Level 20

    2

    Lawyers agree

    Answered . While this is not an education question, I do agree with the other two attorneys. Felons are typically prohibited from serving in this type of fiduciary capacity. If that and wrongdoing exist, move expeditiously for removal in Surrogates' court.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more

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