Executor & Administrator Dispute Lawyers NYC

When a family member is appointed to settle an estate, the other heirs are asked to trust that person with money, property, and often deeply held emotions. That trust frequently breaks down. The executor stops communicating, drags the case out for years, sells property at a suspicious price, or simply pays themselves while the beneficiaries wait. Our New York City practice represents beneficiaries who need to hold a fiduciary accountable, and fiduciaries who are being unfairly attacked, in Surrogate’s Court across the city.

Executors, Administrators, and Their Duties

An executor is named in the will; an administrator is appointed under the SCPA when there is no valid will. Either way, the person is a fiduciary, bound to act in the estate’s best interest, to keep beneficiaries reasonably informed, to avoid self-dealing, and to account for every dollar. When a fiduciary puts personal interest ahead of these duties, New York law provides remedies, and beneficiaries have standing to enforce them.

Compelling an Accounting

The single most powerful tool for a frustrated beneficiary is the accounting. Under the Surrogate’s Court Procedure Act, a beneficiary can petition the court to compel the fiduciary to file a full accounting of everything that came into the estate, what was paid out, and what remains. Once the accounting is filed, beneficiaries may object to specific items, questionable fees, undocumented expenses, assets sold below value, or money that simply disappeared. The accounting turns vague suspicion into a line-by-line examination.

Removing a Fiduciary

When an executor or administrator cannot or will not do the job honestly, removal may be the answer. New York’s SCPA allows the court to suspend or remove a fiduciary for misconduct, dishonesty, conflicts of interest, wasting estate assets, or failing to obey court orders. We petition for removal and, where appropriate, ask the court to appoint a neutral successor so the estate can finally be settled.

Recovering Estate Assets

Sometimes property has already left the estate. Through a turnover proceeding under SCPA 2103 and 2104, a fiduciary, or a successor we help install, can compel a person holding estate assets to return them. We use these proceedings to recover money taken before death through a misused power of attorney, funds moved out of estate accounts, and property withheld from the rightful heirs.

Defending a Fiduciary

Not every accusation is fair. Executors are often relatives doing a hard job under grief and pressure, and disappointed heirs sometimes treat ordinary delays as wrongdoing. We defend fiduciaries by documenting their decisions, preparing clean accountings, and demonstrating that they acted prudently and within their authority.

Consult a New York Attorney

Fiduciary disputes are governed by New York’s SCPA and EPTL and move through the Surrogate’s Court on strict procedure. This page is general information, not legal advice. Before acting, consult a licensed New York attorney who can review the estate, the fiduciary’s conduct, and your rights as a beneficiary or executor.