Opinion 10-16

February 19, 2010

Hon.

Dear Justice:

         This responds to your inquiry (10-16) asking whether, in light of recent information that there may be undistributed assets of a relative’s estate which you, as co-executor, closed approximately 10 years ago, you may pursue these assets and, if any actually exist, distribute them. Assuming it is otherwise legal for you to act on behalf of the estate, it is ethically permissible for you to serve as executor of the estate of a family member (see 22 NYCRR 100.4[E][1]).

Very truly yours,

                                                 George D. Marlow

Justice of the Supreme Court (Ret.)

Committee Chair