Legal Question in Wills and Trusts in New York

Estate and probate

My mom died 2 months ago. She had no will, very little life insurance, a mortgaged home, and several outstanding small debts. I have 2 brothers that both live out of state. One of them came here to her house while I was out of town and took most of her belongings and wants nothing to do with the other two of us, plus left us responsbile for the balance of the funeral expenses. If my bother and I decide to sell the house, does ''bad'' brother need to sign as well?


Asked on 9/09/08, 4:54 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Estate and probate

First, estate repays individual that paid for funeral. So that money is not lost.

Second, since mom died without will, she died "intestate". Therefore, distribution of property is through NYS law. Under NYS law, brothers divide inheritance equally (assuming that father died before mother). Therefore, cannot cut "bad" brother from inheritance.

Third, to handle the estate, you (or another brother) should petition the Court to be an Administrator for the estate. Normally, consent is given from other individuals that stand to inherit. Bad brother will probably sign consent since it means money for him. If he does not sign, he is served with Citation and must come to Court to argue why either you or other good brother should not be administrator.

Finally, you cannot sell house solely in mother's name without an Administrator being appointed by the Surrogate's Court.

If you want to contact my office for representation feel free to telephone.

Mike.

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Answered on 9/10/08, 8:54 am


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