Legal Question in Wills and Trusts in New York

I have a cause of action against an estate but the estate has not been opened yet and there is no executor - no will. The potential heirs are not interested because the estate does not have assets. However, I have an interest to obtain access to the property to correct some issues damaging my property. I have been told that even if I go to court to have a public administrator assigned so I can sue the estate I might not get it because there is no money in the estate to pay the administrator. Others tell me that a court is compelled to assign a public administrator in this situation. Who is correct?

Asked on 9/13/13, 6:20 am

1 Answer from Attorneys

David Slater David P. Slater, Esq.

The court will assign the Public Adm.

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Answered on 9/13/13, 8:12 am

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