Legal Question in Wills and Trusts in New York

Mom dies without a will, Father claiming everything
Mom died without a Will. Parents have 5 Adult Children. The Mortgage is in both names. Father wants to sell. Can we stop him & if he sells, are we entitled to anything from the sale or does he solely keep everything? We want to buy the house but he�s raised the price $30,000 of probable selling price. My Grandparents left them a house fully paid for when they died. Both Names were on that. Father sold the house & received the money after she died. Is he entitled to all that money? Mom is also part of the Phen-Fen Settlement. The Office handling this case asked me to get �Letters Of Administration� that I should file to be Administrator of her estate. Will he get this too? They gave me papers for Brothers, Sisters & Father to sign agreeing that it's OK for me to do it. My Father & 1 Brother don�t want to sign. Can I do anything to still become the Administrator & Can a person be forced by some legal maneuver to file to become an Administrator of an Estate? Who pays Mom's remaining bills? SS allows for a Death Benefit-is he entitled to that? Mom's Father wants to sign over Property to us. My Father says he can Contest that. Is that possible? Do we have any legal rights, if so what are they?

Asked on 11/26/02, 2:20 am

Daniel Clement Law Offices of Daniel Clement

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Re: Mom dies without a will, Father claiming everything

You have a lot of questions, I suggest you meet with an attorney to dicuss administering the estate.

Daniel Clement

Answered on 11/26/02, 10:03 am

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