Estate Lawyers in New York are familiar with the various statutes that provide executors and administrators with powers to administer an estate. Estates, Powers and Trusts Law (EPTL) Section 11-1.1 entitled “Fiduciaries’ powers”, sets forth many of the matters that a fiduciary can engage in to facilitate estate settlement. For example, under EPTL 11.1.1, the fiduciary can invest and sell estate property. He can also settle or contest claims either for or against the estate.
The New York Probate Lawyer Blog had posted a number of articles concerning the ability of an executor or administrator to commence proceedings in Surrogate’s Court to obtain the turn-over of estate property from third parties who are withholding the property from the fiduciary. These types of proceedings are governed by Surrogate’s Court Procedure Act (SCPA) Section 2103 (“Proceeding by fiduciary to discover property withheld or obtain information”) and SCPA 2104 (“Inquiry; trial and decree). Continue reading