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

West Hempstead, NY |

My dad died in June. He made his girlfriend executrix over his estate. She hasnt done anything to maintain the estate. I recieved a letter from the bank informing me that my dads property has gone into forclosure. She hasnt made any payments. Is there anything i can do to saVe his property?

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Attorney answers 4

Posted

Did the court appoint her the executrix and did you consent? If she fails to act appropriately, then have your attorney advise the court.

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Posted

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

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Posted

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.

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Posted

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.