the exeutor of my stepdads will is not doing his job what can i do

UPDATED: Oct 1, 2022

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the exeutor of my stepdads will is not doing his job what can i do

step dad died in 2015 still the will isn’t probated and the bills aren’t paid and not the taxes are over due and he stole a lot of property what can i do

Asked on January 3, 2018 under Estate Planning, New York


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can petition the probate court to have the executor removed and a successor appointed. You can sue the executor for conversion which is theft in a civil case. Your remedy for conversion is a constructive trust which will require the executor to return the stolen items to the estate. If the items have been sold their value can be recovered and returned to the estate. If funds have been stolen the funds are to be returned to the estate. If stolen funds were used for purchases, those items are to be returned to the estate. A constructive trust can be used for these matters and to trace stolen funds or other assets of the estate.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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