Legal Question in Personal Injury in New York
Trustees and deceased estate
Prior to my mother passing, my brother and sister were made trustee over my mother estate. My father is presently planning to sale the house that my mother and father owned.
Are the trustee over my mother estate still in effect after her death. Can the estate take half of the profit even after her death. My mother passed away on November 11,2003.
4 Answers from Attorneys
Re: Trustees and deceased estate
Would have to have more information to render an opinion...
Re: Trustees and deceased estate
Much depends on what the will says. Where is the excutor or adminstrator, are there letters from the surrogate court? They may not be able to sell without court approval.
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Re: Trustees and deceased estate
It depends on who actually owns the house now. Was there a will that appointed your brother and sister? What state is the house in? The answer to your question may be different if the house is in NY or AR.
If the house is in the estate, then the court would likely have to approve the sale.
There are a couple of different ways this may be decided. I would be glad to answer your question more specifically, if I had all the details.
Re: Trustees and deceased estate
If your father was 50 percent owner of the property, he would be entitled to a far greater share of the profit. The document that appointed your brother and sister as trustees should be reviewed to determine who were the beneficiaries of the trust. The document appointing your brother and sister may have coincided with a Last Will and Testament for your mother. Since you indicated that New York law applies to your case, I am assuming that the property is located here in New York. We are willing to give you a brief consultation by telephone without any charge. For this purpose, you may call us at 212-267-7000
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