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  1. #1
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    Mar 2013
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    Default Can an Executor Refuse to Administer an Estate

    My question involves estate proceedings in the state of: New York

    My uncle passed away 3 months ago. I going through his effects, I found a will made out in 1986. The two executors named in it have either passed away or are incapacitated with Alzheimer's. A successor executor was designated, who happened to be the attorney that drew up the will. When I contacted him, the first question was, "What is the value of the estate assets minus liabilities?" When I told him, he said that it "wasn't worth his time". Can a person that was named as a executor refuse to act in that capacity, especially if he originally designated himself?

  2. #2
    Join Date
    Dec 2015
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    Default Re: Can an Executor Refuse to Administer an Estate

    What's the value of the estate?

    To answer your question, absolutely yes. An executor can renounce their rights. Does the individual with Alzheimer's have any living relatives? Where do you fit into this? The closest living relative to a designated executor can petition the court to start probate. That is why the value of the estate matters. Others will post more detail but this is the short answer.

  3. #3
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    Default Re: Can an Executor Refuse to Administer an Estate

    Quote Quoting debodun
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    My question involves estate proceedings in the state of: New York

    My uncle passed away 3 months ago. I going through his effects, I found a will made out in 1986. The two executors named in it have either passed away or are incapacitated with Alzheimer's. A successor executor was designated, who happened to be the attorney that drew up the will. When I contacted him, the first question was, "What is the value of the estate assets minus liabilities?" When I told him, he said that it "wasn't worth his time". Can a person that was named as a executor refuse to act in that capacity, especially if he originally designated himself?
    If you are named in the will to inherit something, you are free to open probate and ask to be appointed representative of the estate.

    If you are not named, then locate any heirs that are named in the will and send it to them.

  4. #4
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    Nov 2013
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    Default Re: Can an Executor Refuse to Administer an Estate

    Both the living and the successor executors have to abdicate their positions before a new successor can be appointed.

    You can find the NY court forms here.

  5. #5
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    Default Re: Can an Executor Refuse to Administer an Estate

    Quote Quoting budwad
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    Both the living and the successor executors have to abdicate their positions before a new successor can be appointed.
    If they are dead, or are given notice of a probate proceeding and petition to appoint somebody else as executor and do not respond, then their inaction will suffice.

  6. #6
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    Mar 2013
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    Default Re: Can an Executor Refuse to Administer an Estate

    Quote Quoting KBoy420
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    What's the value of the estate?
    around $10,000

    Quote Quoting KBoy420
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    Does the individual with Alzheimer's have any living relatives?
    I have three cousins from the aunt with Alzheimer's. One can't leave her home because of agoraphobia, one nobody knows where he is and the other I haven't seen in decades. I am the cousin from the eldest of my uncle's siblings, though. The one that passed away didn't have any children and my uncle never married or had children.

    Quote Quoting KBoy420
    View Post
    Where do you fit into this?
    I am not sure since I was not mentioned in the will. My only duty was to clean out his residence where I found the will. I am trying to do the proper and legal thing.

    Quote Quoting adjusterjack
    View Post
    If you are not named, then locate any heirs that are named in the will and send it to them.
    I am not mentioned in the will and his only living beneficiary is mentally incapacitated.

  7. #7
    Join Date
    Mar 2013
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    Default Re: Can an Executor Refuse to Administer an Estate

    NY has a small estate procedure.

    Check out Article 13 of the Surrogate Court Procedure Act:

    http://codes.findlaw.com/ny/surrogat...25F11A32B0C4D6

    Here's a link to small estate forms:

    http://www.nycourts.gov/forms/surrog...llestate.shtml

  8. #8
    Join Date
    Mar 2013
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    Default Re: Can an Executor Refuse to Administer an Estate

    Thank you.

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