If an estate administrator is not being fair with the estate assets and refusing to pay estate taxes in other states, what options does other heirs have?

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If an estate administrator is not being fair with the estate assets and refusing to pay estate taxes in other states, what options does other heirs have?

A person died without a Will, he owned land in the stae in which he died and another state. There are 3 heirs, 2 are co-administrators. 1 co-administrator wants to buy property from the estate at a ridiculously low price. To resolve the matter we asked her to get an appraisal at the estate’s expense but she refuses. Also, she refuses to pay takes on the out of state land and they are very delinquent. What options do the heirs have to remove the co-administrator or to compel her to take fair action like get an appraisal and pay land estate taxes?

Asked on August 6, 2012 under Estate Planning, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You hit the nail on the head: you need to remove her as the fiduciary of the estate because she is in breach of her duties.  Compelling her may not be the way to go since she seems to have her own agenda and will likely continue in the future.  Get legal help.  Good luck.


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