Legal Question in Wills and Trusts in New York

court appointed administrator

My fiancee recently passed without a will. His Father had a lawyer and was going to become the administrator of the estate knowing full well the deceased's children were to get everything. Without our knowledge, the ex wife hired an attorney and had her oldest child apponted by the court as administrator. This child is only 20, struggled in school and was estranged from his Dad. Does my fiancee's father have the right to contest this decision or is it bound by law to be the son?


Asked on 4/03/09, 6:47 pm

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

Re: court appointed administrator

If an individual dies without a Will and is survived by adult children as his closest kin, the children have the sole right to become the administrator's of the estate. The decedent's father has no standing to contest the appointment of the son unless the son is not qualified to be an administrator and the other children are also precluded from acting as such. As long as the children are 18 or over, mentally competent and not felons they are qualified to act.

Read more
Answered on 4/04/09, 11:49 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York