Legal Question in Administrative Law in New York
Contesting Administration
My mother passed away who has no will written. She divorced my birth father 20 years ago and remarried again seven years ago. Her assets include a house that is held as joint tenants with right of survivorship with myself, and a car in her name. She has $20,000 in credit card debt and $10,000 in medical debt. I made and paid for all of the funeral arrangements. Her current husband paid for nothing.
I want to start the administration process but I want to know what the process entails and who has the overall right to become administrator myself or her current husband. What I want from the process is the house that my mom and I had together he has two years to excercise his right of 1/3 of half of the house. The administration process will shorten that time period from 2 years to six months. When I go to start the process will her husband be notified that the estate has gone to administration? If so, what will the letter say exactly? Do I have to list the house as an asset in order for the time period to be reduced from 2 years to six months or can I leave it out of the administration process because of the joint tenancy? Is her husband now responsible for the credit card debt and medical bills? Credit cards are her name solely.
2 Answers from Attorneys
Re: Contesting Administration
You get the house by operation of law. Your stepfather is entitled to the car pursuant to NY Law. The estate is responsible for the credit card debt.
Generally the surviving spouse would qualiuft to administer the estate. However, if he fails to apply, you may wish to do so at the Surrogate's Court in the county she resided in.
Re: Contesting Administration
My condolences on your loss.
The credit card and medical debts are owned by your mother's estate. The husband is not required to pay anything on these unless he has promised to do so in writing.
The house passed to you at your mother's passing. It is not a part of the decedent's estate.
The estate's assets seem to include only the car and her personal belongings. The creditors will have no desire to intrude upon her personal effects.
You are welcome to a consultation (or just an informal meeting) for no me.
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