What to do if I was left 15% of my grandmother’s assets as stipulated in her Will but now the executor is dispuing this?

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What to do if I was left 15% of my grandmother’s assets as stipulated in her Will but now the executor is dispuing this?

My uncle is the executor. He called me and said that my percentage is wrong. Even though it is in black and white and it clearly states my percentage as well as every one else’s percentage. How can mine be the only one wrong. Can he do that? Can he tell me that my percentage is wrong and give me only 5%? And my husband wants to know that since we are married, would he need to sign off on any paperwork stating that he agrees with reducing my percentage (if I should agree to reduce it, which I am not).

Asked on February 5, 2013 under Estate Planning, New York

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

Don't agree to to accept anything less than as stated in the will of your grandmother. Obtain yourself probate litigation counsel to represent you in this, and file a petition into the probate to determine your share of the estate and compel an accounting by the executor to all of the benefdicaries of the assets of the estate,as the executor is trying to pull a fast one on you. Don't delay.

Paula McGill / Paula J. McGill, Attorney at Law

Answered 8 years ago | Contributor

I agree with the prior answer, something isn't right.  Demand a full explanation and then take that to an experienced local probate attorney. 

For your second question, inherited property is not marital property. 

This answer applies to New York law.

Licensed and practicing in New York.


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