An executor for a Manhattan estate calls my office. She is trying to marshal assets and pay the estate’s final bills, but the decedent’s estranged son is making it impossible. He calls her at all hours. He shows up at her apartment building. He is not physically violent, but his behavior is erratic and threatening—clearly meant to intimidate her into giving him a larger share than the will provided. The probate process has ground to a halt, and she feels trapped. Her duty is to the estate, but her personal safety is at risk. Here, we must consider a tool often associated with other areas of law: an Order of Protection.
When a Family Feud Becomes a Fiduciary Crisis
Contentious probate proceedings can bring out the worst in family members. A beneficiary who feels slighted or a disinherited relative can quickly turn anger toward the person in charge—the executor or trustee. While we always hope for amicable resolutions, hope is not a strategy. When behavior crosses the line from disagreement to harassment, it is no longer just a family drama. It becomes a direct threat to the administration of the estate.
As an executor or trustee, you have a fiduciary duty to act in the best interests of the estate and its beneficiaries. This duty requires you to be prudent, diligent, and loyal. Fulfilling these obligations is impossible when you are subjected to stalking, threats, or a constant barrage of aggressive communication. The harassment is not just a personal problem; it is an attack on the integrity of the estate itself. It can prevent you from accessing bank records, meeting with accountants, or distributing assets according to the decedent’s wishes. In these cases, seeking an Order of Protection is not an act of aggression. It is an act of stewardship.
The Legal Basis: Family Court and Its Authority
Many assume Orders of Protection are issued only in Criminal Court following an arrest. While that is one path, New York law provides another significant venue for these matters: Family Court. For disputes involving relatives, Family Court is often the appropriate place to petition for an order, even if no criminal charges have been filed.
The authority for this comes from New York Family Court Act § 812, which defines what constitutes a “family offense.” The list is specific and includes actions like harassment, aggravated harassment, stalking, and assault. If a person’s conduct toward a family member—which can include in-laws or others connected by blood or marriage—falls into one of these categories, the court has jurisdiction to intervene. The court’s goal is to stop the harmful behavior so that legal and personal affairs can be managed without duress.
The process involves filing a petition that details the alleged offenses. The court then schedules a hearing where both parties can present their case. A judge can issue a temporary order almost immediately if they believe there is an immediate risk, with a more permanent order to follow after a full hearing. For an executor in Brooklyn being harassed by a decedent’s relative, this legal mechanism provides a direct path to restoring order.
What an Order of Protection Can—and Cannot—Accomplish
It is critical to have realistic expectations about what a court order can do. An Order of Protection is a powerful legal instrument, but its power has limits. Its primary purpose is to create boundaries and provide legal consequences for violating them.
A typical Order of Protection can require the respondent to:
- Cease all contact with the petitioner, including phone calls, emails, texts, and third-party messages.
- Stay away from the petitioner’s home, workplace, and other specified locations.
- Refrain from committing any further family offenses against the petitioner.
- Surrender any firearms they may possess.
What the order cannot do is resolve the underlying estate dispute. It will not validate or invalidate a will. It will not determine who is right or wrong in a will contest. It will not force a settlement or change the terms of a trust. The Order of Protection is a shield, designed to protect the fiduciary so the separate work of administering the estate in Surrogate’s Court can proceed as intended. It carves out a space of safety, allowing the executor to do their job without fear of intimidation.
If you are a fiduciary—an executor, administrator, or trustee—and your ability to perform your duties is being compromised by harassment from a beneficiary or relative, you must take it seriously. Your first step should be to create a detailed, dated log of every incident, including saving all relevant emails and text messages. Once you have a clear record, we can schedule a private consultation to review the documentation and discuss whether petitioning the court for an Order of Protection is the most prudent path forward.
