Legal Question in Wills and Trusts in New York

Administration Problem

I am in the process of administrating my brother's estate (NY) and have been informed by an attorney that he signed a deathbed will leaving everything to a ''friend''. The medical records indicate that

he probably was not competent to execute this will and I intend to contest it when filed. There are now two areas of concern:

1. He died on 5/28 and has not paid his first and second mortgage payments nor his co-op maintenance fee since April. He has virtually no cash in his estate and although I could pay these amounts, I hesitate to do so because of the possibility that the

co-op could be lost to this will. I realize that the estate would be

liable for these payments but if the individual is also cash poor I

might have to wait an extended period of time to be reimbursed.

I assume one of the debt holders will foreclose but I don't know

when. What is the best way to deal with this problem?

2. Is there a time limit on how long this will can be withheld from

probate in NY? Is there any way to force the will into probate so that an adjudication can be made?


Asked on 8/30/08, 1:48 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Administration Problem

I assume that without the deathbed will your brother would not have had a will. Therefore, I would immediately petition the Surrogate's Court to be the administrator or the estate. I would acknowledge the issue concerning the deathbed will and bring the issue immediately to the Court. I would also seek an Order to be the temporary administrator so that you may pay the debt pending a decision from the Court.

Mike.

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Answered on 8/30/08, 2:22 pm


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