Legal Question in Wills and Trusts in New York

Administration of estate

My children are being named co-administrators of their fathers estate. Their uncle removed all documents and important papars from his residence and is driving his car even after the insurance company knows of the death. How can we get the uncle to turn over the documents and the car in swift fashion so the estate is not at risk?

The kids are getting advice from many people who may or may not have their own agendas and I am looking to protect them from people who may not have their best interestes at heart. I am the ex-wife and have no claim to anything. My involvement extended to retaining an attorney

for them, nothing more. What else, if anything, can I do to help them let the dust settle and allow them to grieve their loss, knowing that they are protected by their attorney?


Asked on 5/20/09, 11:24 am

2 Answers from Attorneys
Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

Re: Administration of estate

I strongly urge your children to retain the services of an estate attorney. The first thing they have to do is to petition the Surrogate's Court to be appointed co-administrators. Once they are appointed, they will have the sole legal authority to deal with the estate's assets and to prevent others from harming the estate. If you wish to consult with me, you may telephone me without obligation.

Read more
Answered on 5/20/09, 11:38 am
Walter LeVine Walter D. LeVine, Esq.

Re: Administration of estate

I agree with Rudy. Once appointed, the Administrators have the authority to reclaim all estate assets, even by self-help, if necessary. I suggest the estate's attorney immediately contact the uncle and demand the return of the car; using the authorities for help if he refuses.

Read more
Answered on 5/20/09, 11:43 am


Related Questions & Answers

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