Legal Question in Wills and Trusts in New York

administrator of an estate

A judge had decreed a few months ago, that my sister and I secure a probate bond before she would authorize our request to be named anministrators to our mother's estate. We both have poor credit histories and were informed by the bond underwriter that we would probably be denied the bond because of this fact. If denied the bond, could we get a lawyer to become the administrator on our behalf? Do we have to go back to the judge and start the application process all over; including repaying the $1250 application fee? And finally, is there a statute of limitation between the time of the judge's decree and the time we secure the probate bond?


Asked on 2/05/09, 12:49 am

1 Answer from Attorneys
Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

Re: administrator of an estate

If you have not consulted with an estate attorney, I suggest that you do so. If you and your sister are the only distributees, you may be able to have the court dispense with the bond. While you need not "start all over", you will need to amend the administration proceeding. Your best bet is to get a professional to help you with this. You may contact me to discuss this further.

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Answered on 2/05/09, 9:40 am


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