Full question:
I have been cited to fill out a Petition to Account for my Mother's estate. She died 5 1/2 yrs. ago. I have two sisters who cannot agree on anything so I have not been able to do anything. This must all be accomplished thru the Surrrogate by 11/15 5:00 pm. I do not have the funds for an attorney, and I reside in Texas. My two sister's reside in the Broome County area of NY State. I know I need assistance fast, but do not know where to turn. If I do nothing, what will happen? I am thinking of just sending in what I know of the accounting of the estate, but the surrogate should already have all of that. I think that the form I need is a Petition For Judicial Settlement Of Account but do not know where to locate one. No attorney in the area wants to take on this case since it has been going on between the 3 fiduciaries for over 5 yrs. Taxes are past due etc. since there is no $$ left in the account. If I could find an attorney to handle this, I would hope they would take their fee for my part out of whatever I get from the estate. When it started it was worth approx $440K. Now, their is a 3 story home, 2 car garage, 4 parcels of land (approx 60 acres total).
- Category: Wills and Estates
- Subcategory: Probate
- Date:
- State: New York
Answer:
If a personal representative of an estate fails to carry out the duties required by not filing required papers, he can be held personally liable for claims against the estate. We suggest you take measures to comply with the filing date and that you contact a local attorney who may review all the facts and documents involved.
Please feel free to consult our attorney directory at the following link:
http://lawyers.uslegal.com/wills-and-estates/
You may also wish to consult the referral service of the local bar associations at:
http://scba.org/
http://www.nysba.org/AM/Template.cfm?Section=Public_Resources&TEMPLATE=/CM/ContentDisplay.cfm&CONTENTID=33993
We can assist you with searching to locate forms or we can draft and add forms you may need to our database. However, we cannot advise you to use one particular form over another. We can show you what is available. Please see the forms at the links below to see if they meet your needs or let us know if you would like us to draft a form to meet your needs. You may order forms online or by phone by calling Toll Free: 1-(877) 389-0141 - 8:30-5:00 Central Time Zone Monday – Friday.
Please see the following NY statute:
§ 11-4.7 Liability of the personal representative for claims arising out
of the administration of the estate
(a) Unless otherwise provided in the contract, a personal
representative is not individually liable on a contract properly entered
into in his fiduciary capacity in the course of administration of the
estate unless he fails to reveal his representative capacity and
identify the estate or trust in the contract.
(b) A personal representative is individually liable for obligations
arising from ownership or control of the estate or for torts committed
in the course of administration of the estate only if he failed to
exercise reasonable care, diligence and prudence.
(c) Claims based on contracts entered into by a personal
representative in his fiduciary capacity, on obligations arising from
ownership or control of the estate or on torts committed in the course
of estate administration may be asserted against the estate by
proceeding against the personal representative in his fiduciary
capacity, whether or not the personal representative is individually
liable therefor.
(d) In any case where liability is found against the estate as the
result of an action or proceeding brought under subdivision (c), issues
of liability as between the estate and the personal representative shall
be determined in an accounting proceeding brought pursuant to section
twenty-two hundred five of the surrogate's court procedure act.
(e)(1) For the purposes of this paragraph: (i) the term "act" shall
mean the federal air transportation safety and system stabilization act,
public law 107-42, as amended; (ii) the term "fund" shall mean the
September eleventh victim compensation fund of two thousand one
established pursuant to title IV of the act; and (iii) the term
"personal representative" shall have the same meaning as that term has
pursuant to section 104.4 of title twenty-eight of the code of federal
regulations.
(2) Notwithstanding any other provision of law to the contrary, any
person who serves as the personal representative of a victim of the
terrorist attacks on September eleventh, two thousand one, and who files
a claim with the fund, shall have no liability to any person resulting
from any actions taken reasonably and in good faith under the act,
including but not limited to: (i) the submission or prosecution of a
claim to the fund; (ii) a decision not to submit such a claim, or to
withdraw a claim previously submitted; (iii) the waiver pursuant to the
act of the right to file a civil action (or to be a party to an action)
in any federal or state court for damages sustained as a result of the
terrorist attacks; (iv) the failure to identify or locate any person
designated for receipt of notice under subdivision (b) of section 104.4
of title twenty-eight of the code of federal regulations, provided that
the personal representative made a reasonable and good faith effort to
identify and locate such person; or (v) the payment or distribution of
any award received from the fund in accordance with any plan of
distribution that has been submitted to and approved by the special
master appointed under the act.
(3) Notwithstanding any other provision of law to the contrary, or any
restrictions set forth in letters relating to any decedent who dies as a
result of wounds or injury incurred as a result of the terrorist attacks
on September eleventh, two thousand one, a duly appointed personal
representative is authorized to file and prosecute a claim with the
fund, and the filing of such a claim for an award from the fund, and the
resulting compromise of any cause of action pursuant to the act, shall
not violate any restriction on the powers granted to the personal
representative relating to the prosecution or compromise of any action,
the collection of any settlement, or the enforcement of any judgment.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
