Weinstein & Randisi
Toll free:800-768-1780

Resize the Content Text

Be careful about taking care of an estate without legal authority

When a parent passes away, it's important to know who has the legal authority to take care of things. When siblings don't know what the will says--or ignore it--problems can ensue.

For example, one woman lived far from her father and her brother, all the way in another state. They lived much closer together, however. When the father passed away, the brother took it upon himself to do things at the house, taking care of loose ends and just dealing with the man's estate.

The problem, though, was that the sister was technically the executor, not the brother. She showed up later, expecting everything to be in place, but it wasn't. They then started fighting when she said the brother had removed items from their father's home.

It's important to note that this can happen maliciously or innocently. The brother could have been removing items because he wanted to keep them, knowing they weren't necessarily going to him, or because he wanted to sell items and take the money before his sister showed up to start distributing assets. At the same time, though, it's equally possible that he just thought he was helping out, that he was taking care of things so that his sister wouldn't have to do as much.

In either case, he would not legally be allowed to take part of the estate or deal with it in a way other than what the will stated. Intentions don't typically matter. As such, be sure you always know what rights you have when dividing an estate in New York, and be careful to do things properly.

Source: Learn Vest, "For the Love of Family: 6 Tales of Estate Planning Gone Wrong," Kristin Appenbrink, accessed March 28, 2016

No Comments

Leave a comment
Comment Information
  • I wanted to write to say how pleased my wife and I were at your professional handling of our estate planning and preparation of new wills. We were put at ease by your visit to our home for an interview and were pleased that you listened to us and captured the things that we felt were important.

    --Robert and Christine Simonson, Fairport
  • In order to finalize the documents we came to your office and were greeted in a very professional manner and we could not have asked for finer service. We left with copies of everything we needed and feel very confident our needs have been met. Thanks again. We will surely recommend you should the opportunity arise.

    — Christine and Robert Simonson, Fairport
  • I have been working with Weinstein & Randisi for about two years now. Elizabeth Randisi, through a very thorough process, has helped my wife and me determine what is really important in our lives. Thus, we were able to draft a living will that reflected our most important values regarding our estate.

    --David and Ajia Cherry, Fairport
  • I would like to give a testimony for Elizabeth Randisi, an estate attorney with Weinstein & Randisi. Her knowledge of wills and estate planning was clearly demonstrated in her presentation to us. Realizing our need for a will, my husband and I went to see Elizabeth.

    --Kathy and Gary Gray, Webster
  • Filing for Medicaid is never an easy or fun process. However, working with the Weinstein & Randisi firm made the process simple and streamlined. We were able to obtain all files and records regarding Medicaid enrollment within a few days using specially prepared checklists and verbiage recommended by our assigned paralegal.

    --Ajia and David Cherry, Fairport
Awarded Top 50 Estate Planning Blog
Email Us For a Response

How Can We Help You?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Blog Feed


Weinstein & Randisi - estate planning

290 Linden Oaks, Ste. 200
Rochester, NY 14625

Toll Free: 800-768-1780
Phone: 585-310-1578
Rochester Law Office Map


Call us now for a free, 100% confidential consultation: