Legal Question in Wills and Trusts in New York

My sister was pursuing a lawsuit with regards to the death of my mother. She has since passed away. I am the voluntary administrator of her estate since she died without a will. In regards to the case she was pursuing I signed a renunciation form. As the administrator am I obligated to continue beer persuit?

Asked on 4/24/19, 7:35 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Was your sister pursuing the personal injury action in her capacity as administrator of your mom’s estate?

Or was she suing in her personal capacity as daughter ? In this case as administrator of your sisters estate, then I believe you need to pick up where she left off, and you can either go forward or drop the case. Pick one or the other, but don’t ignore the situation.

However if your sister was executor of your mother’s estate and she was bringing the lawsuit as executor, then I don’t believe you have the responsibility to continue that lawsuit. Nevertheless if your sister was the executor of your mother’s estate then someone should step into her place and either continue or discontinue that lawsuit.

I hope this has been helpful as I am not exactly certain from your question the specifics of the lawsuit which your sister was pursuing.

Good luck

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Answered on 4/24/19, 8:53 am

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