Legal Question in Elder Law in New York

Re: attorney for the estate

I don't have a clue as to the question you're asking.

What does your house have to do with anything regarding your dad's estate and whether your brother and sister are contesting the Will? If you are named as Executor in the Will, didn't you hire a lawyer to handle the probate on your behalf?

Spend a few minutes thinking about the questions you have and write a very careful email to me and I will try to help you.

Good luck.

Rick Bryan

New York, NY

Re: attorney for the estate

I believe that you have your terms confused. An administrator is someone who is appointed by the court when someone dies without a will. An executor(executrix (female) is one who is named in a will.

The administrator/executor(rix) appoints a lawyer for the estate. This lawyer who drew up the will can be discharged by you and you can select another lawyer. If you are the administrator you can still discharge the lawyer and engage another lawyer.

If your older brother or sister is contesting the will or how the estate is to be divided, you need a lawyer right away, to protect your interests as well as the estate assets.

If you are the sole administrator, etc, you would have to throw yourself out - which I am sure you don't want to do.

Your brother/sister can make application to the court that you should not live there because you have not paid rent, to the detriment of the estate, but that would be a court decision.

The outcome may very well be that the house would be sold and the proceeds divided between your father's heirs, but that will be sometime in the future.

Consult your own lawyer, not your fathers lawyer who wrote the will, for your rights. If there is a will, read it thoroughly. A will should be written in clear language which would explain your rights.

If you wish you can contact me and I can give more exact advice, especially after reading the will.

jeff lazroe