Legal Question in Wills and Trusts in New York

my uncle has passed away and did not have a will, my uncle George (his brother) has retained a lawyer to assist him so that he may be appointed the administrator of the estate. His attorney has contacted me and stated that since my father has passed that any funds that would be due to my father would be passed on to me since I have no other siblings, he then stated he would send me a release for me to sign allowing my uncle uncle to be the administrator of the estate. the waiver is called {waiver of citation, renunciation and consent to appointment of administrator. (individual) it further states: the under signed distributee or creditor of the above named decendent being of full age and sound body hereby voluntarily renounces and waives the issuance service citation in this matter, renounces all rights to letters of administration of the above captioned estate and consents that letters of administration be issued to my uncle George or any other person entitled thereto without any notice what so ever to the under signed and consents that a bond be dispenced with the hereby specifically release any claim I might have under any bond that may be filed. will signing this in any way effect any payout I may receive from the estate,

Asked on 10/14/16, 1:45 pm

2 Answers from Attorneys

Arnold Nager Arnold H. Nager, Esquire

For the purposes of this answer I am making the assumption that you are over twenty-one years of age and that you reside in NY State.

If you as the sole heir of your dad's estate are appointed administrator, you would be entitled to the commissions permitted by law for handling the estate instead of your Uncle George.

Furthermore, you would decide what to sell, what to keep and when.

If it's your money, why would you give control to someone else?

Read more
Answered on 10/14/16, 2:00 pm
David Slater David P. Slater, Esq.

Did your father pass away before or after your uncle?

Read more
Answered on 10/14/16, 2:05 pm

Related Questions & Answers

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