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How to force an executor to distribute funds to heirs

The Law Office of Jeffrey L. Weinstein

The executor’s (or administrator’s) primary duty is to liquidate the estate’s assets and distribute money to all beneficiaries named in the will or to distributees if there was no will. There are ways to legally compel an executor to act:

  1. After a reasonable time (6-9 months) you can demand that the executor provide an accounting of all estate assets.
  2. If the executor does not respond, you can ask the court to issue a citation compelling the executor to file a judicial accounting of all estate assets.
  3. If the executor still does not respond, you can as the judge to issue a warrant of commitment. Once issued, the sheriff will arrest the executor and remand him/her to court. The judge can then send the executor to jail for contempt and keep the executor jailed until he/she provides an accurate accounting.
  4. Or the judge can revoke Letters Testamentary and replace the executor with another family member or the Public Administrator (PA) to take over the Estate duties.

If you are an heir who is being ignored by the executor or administrator, I can help you.
For more information call or email me at 212-693-3737 or j.weinstein@jlwlawoffices.com.

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