My question involves estate proceedings in the state of: my father. I would like to thank ProLaw for his advise some years ago. I have now won my case in Surrogates that resulted in a Court Order. I now have a Contempt of Court Order for the Executor failing to account for a distribution to the heirs.
My question is the Court has ruled in my favor that the Executor did not meet her obligations by failing to file an accounting for a specific property that was sold in the estate. Since the court has ruled that she is "negligent", can I proceed with a fraud case in Surrogates or would I have to get a specific determination from Surrogates in order to proceed with a fraud case against the executor for 1) failing to provide an accurate accounting under her fidicuary obligations, or 2) fraud under her failing to provide the accounting under the Court Order?
I have an upcoming court date for Contempt of Court against the executor and would like to know if I can file something at that time, or just speak before the court my assertions of fraud, which has already been made of record to some degree. The court has recognized her failure to provide a specific accounting as instructed in the earlier Court Order directing her to do so. There is a monetary distribution that she has not made which resulted in the Contempt of Court Order.
Thanks for your assistance~
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I just wanted to add the state in which this action is referring to is New York State. ~thank you~

