I live in NY and my aunt lives in PA. I am considering filing claim against her in small claims court. Do I file in my town her hers?

When grandma died, she left $10k to each of her 6 kids (including my father). My aunt was the executor of the estate. My dad died before the money was dispersed. his share of the money was supposed to be divided between myself and my 2 brothers but now, my aunt refuses to hand over our shares. I would like to pursue this case in court as I feel she is blatantly stealing money that, after my dad died, was intended for us boys. She is now claiming my dad owed her money from an old debt from years ago and that’s why she’s keeping the money. Do I have a case and is it worth pursuing? Thanks!

Asked on June 9, 2009 under Estate Planning, New York


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You have a case against her, but it is not a small claims case.  You need to bring an action to have her removed as executor becasue she is breach her duties and not distributing proceeds properly.  In fact, what she is doing could be criminal and subject her to prosecution.  I suggest hiring a lawyer to file a lawsuit in regular court for conversion and breach of fiduciary durty.  This will scre her and force her to account for the money she converted for herself   Do not wait on this.  Take action immediately.

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