Published on:

Court Rules on Alleged Misconduct of Co-Conservator

Two individuals and a trust company submitted a counter-application regarding the preliminary letters sent to them for the last will and testament of the decedent. In the will submitted by to the court for probate, one individual and the trust company were named as executors. In their petition, the petitioner’s eligibility to serve hold and oversee the assets of decedent is questioned. A New York Probate Lawyer said that the company is agreeing to act alone and not together with the petitioner.

The trust company alleges misconduct on the petitioner’s part while acting as the decedent’s attorney-in-fact and co-conservator while she was alive. An attorney-in-fact is a person who is legally authorized to transact business-related transactions in behalf of another. A conservator is a person appointed by court to oversee and mange the financial affairs of a person who is considered as under a legal disability. It is also required that part of the financial accounting is submitted for review. It is said the petitioner did not submit his records to his co-conservators, including the documents and assets of the decedent. He is also charged with preventing access to the decedent’s apartment, drawing checks that are payable to himself or cash, and wrongful investment of funds owned by the decedent in Great Britain.

The court states that if there is a good cause it may reverse the instruction of a will to make a person an executor of the estate. In the preliminary letters issued, it is required that it is in its original form. This does not remove the court’s authority for a wise discretion in determining who will be part of the execution of the will. A Manhattan Estate Litigation Lawyer said that leaving out a person named in a later will do not require a full hearing. It can be determined with affidavits as a basis or through a summary hearing. The court says that they prefer to avoid a contest within a contest. The legislature also wants an uncomplicated probate hearing. This is to save on cost and time for the court, and the parties concerned.

A commentary by the Chairman of the Committee on Simplification of New York Probate was cited. It says that nothing is really served by contesting preliminary letters. Appointing a person to take care of the estate immediately is to protect the estate that is the reason why preliminary letters are sent to people mentioned in the will and any addition.

A Manhattan Estate Administration Lawyer said that in their decision, the court stated that due process asserts that the petitioner is as a named executor, and has the chance to answer questions on his ineligibility. There is also no petition that has been submitted to question the validity of the last addition where the petitioner was named. To avoid multiplicity, the court will wait for any contest to the will. If just in case the will or the addition to the will is contested and the probate denied, which is known to happen, then the condition where the petitioner is an executor is gone. If there is no contest on the will, counsel will notify the court and a hearing on eligibility will be set.

Like good lawyers, trustworthy conservators think of their clients first and make sure that their interests are protected. A Manhattan Estate Lawyer can assist conservators in making sure that they do their job well. They are the ones who know the process to make sure while saving time and resources, they are still effective in guarding a client’s estate.

Trustworthy conservators think of their clients first and make sure that their interests are protected. Skilled legal counsel from Stephen Bilkis and Associates can help these conservators in making sure that they do their job well. They are the ones who know the process to make sure while saving time and resources, they are still effective in guarding a client’s estate.

Contact Information