Legal Question in Wills and Trusts in New York
My mother passed away with no will
She was 50 years old, and survived by two children, myself(30yrs), and my younger brother(26yrs), Her sister(48yrs) and both of her parents(ages unknown). They are divorced, and have both re married to other people. I went to an attorney that was working on a workers compensation case for her at the time of her death, and he told me that anything of her estate (her house, and belongings) would be sold, and the cash distributed - after anyone in the family wanting keepsakes gets them. He told me that since neither children are a minor, and since she was not a minor, that all assests are split 1/3rd to the parents, and 2/3rds between the children. I found a NYS law, (EPT sec 4-1.1) that i read as saying her parents get nothing if she had any children. I think the lawyer may have already gotten them as a client before myself and is telling me they are entitled to 1/3rd to save himself dealing with opposing parties, (or something?). He quoted me $3500 for legal fees in an uncontested estate procedure, and thats not including the application fee for the adminstrator posistion.
My question is this, is he lying to me about her parents' right to any assets from her estate, and are his fees exhorbitant. Thanks very much
1 Answer from Attorneys
Re: My mother passed away with no will
Assuming no surviving spouse and no valid will providing otherwise, you are correct.
The statute provides, " (3) Issue and no spouse, the whole to the issue, by representation."
It would be a conflict of interest for the attorney to represent your grandparent and you.
You and your brother are entitled to your mother's house if it was owned solely by her.
In addition, you and/or your brother may qualify as administrators of your mother's estate.
If not much else is involved, you may do the paperwork yourself. Check with the Administration clerk in the Surrogate's Court in the county where your mother resided at her death.
Call me if I can be of further assistance.
This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.
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