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

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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

Answers:

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

Answered 3 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.


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