Executrix must follow legal instructions

Dear Bruce: My mother died several months ago. My mother’s will was drawn up years ago naming my sister the executor of her will. Since that time, my sister became estranged from the family. Now none of us trust her. When we ask her what she is doing with the will, she says that she is the executrix and she will do what she wants to do and doesn’t have to answer to anybody. Frankly, we think that she will be manipulating things so that she benefits. Is there anything we can do? – D.M, via e-mail

Dear D.M.: It’s amazing how many letters of this type I get. The first thing that you should do is to contact the surrogate in the county where your mom’s will is being probated. The surrogate is responsible for seeing that the desires of the testator are carried out as far as is possible. Make sure the surrogate is aware of your concerns. The surrogate is obligated by law to keep an eye on your sister to see that she does what the will provides. Understand, however, that there may be things in the will that you don’t agree with.

Dear Bruce: My aunt recently died in New York, where she owned a house. I believe she had a will that indicated she wished to leave the house to her sister, who resides in Nevada. However, we are unable to find a will. We know the house is paid off. We are wondering what steps would need to be taken in order for her sister to be named owner of the house as next of kin, so that she will be able to sell it. – N.Z., via e-mail

Dear N.Z.: The first thing to do is to be certain that the real estate taxes are current and there are no liens against the property that can be executed. That would be best determined at the expense of the sister. Hire an attorney. The next thing is to apply to the Surrogate Court in the county where your aunt lived to have someone, probably the sister or possibly you (a relative), appointed administrator of the estate. The fact that there may be a will is of no relevance unless the original document can be produced.

The administrator properly appointed by the Surrogate Court, with the permission of any relatives who may be entitled to a share of the estate under the laws of intestacy of New York, will then be able to take appropriate steps to sell the house and then distribute the proceeds, once again according to law. This just points how much more difficult and expensive to do things for someone who has died without a will. Many people are paranoid about secrecy, but there ought to be someone they trust who they can tell where their will is located. There’s a lesson here.

Dear Bruce: We are currently being sued by a mortgage company for my mother-in-law’s mortgage that we let go to foreclosure. We contacted an attorney who said this is what we should do. Can you tell me if legally they can do this? She had no other assets and the house is not worth what the mortgage was for. At the time she signed the mortgage she had a brain tumor that took her life six months later. We didn’t know that she was refinancing. After the funeral was paid for, each of the five kids received about $800 that was left from her life insurance. My sister-in-law will be contacting the attorney again, but I wanted to find some things out for myself. – Reader, via e-mail

Dear Reader: You left some critical information out of your communication. You say you are being sued. Did the state transfer the ownership and the mortgage into your personal names? I seriously doubt that any of you would allow that to happen. If the home and the mortgage are still in the name of the estate of your deceased mother-in-law, I cannot imagine how any of you would have personal liability. Of course, your attorney is in the front line, and you must do what he tells you. Depending on how the insurance policies were owned, the $4,000 of insurance proceeds would unlikely be a factor here. You should contact the mortgage company and tell them that as the administrator or executor of your deceased mother-in-law’s estate, you are voluntarily allowing them to foreclose and will cooperate with them.

Bruce Williams is a national radio talk show host and syndicated columnist.

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