If I an executor and am being sued by the beneficiaries of the estate, which type of attorneyI should seek?

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If I an executor and am being sued by the beneficiaries of the estate, which type of attorneyI should seek?

There are 3 siblings, myself included. We are beneficiaries to an estate of which I am executor. Now 1 sibling filed a partition action; the suit includes other complaints as well. they are: breach of fiduciary duty, executing apartment leases in my name, failing and refusing to sell property, failure to distribute rent profits, occupying 1 of the apartments in the building and causing injuries to plaintiff due to wrongful conduct. Would a real estate attorney be the proper choice?

Asked on February 26, 2012 under Estate Planning, New York

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your situation.  This is a very serious issue.  You need an attorney that litigates matters - a trial attorney - and is familiar with estate proceedings.  Is there an attorney that is helping with the estate?  They may be able to guide you and may be representing you as well. If I may give you some insight in to the reality of the proceedings: the bad blood between you as siblings will only start to boil here.  Find a level headed attorney that can help to calm things down.  The estate will fund this suit against you and only dwindle estate assets.  Good luck.


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