Legal Question in Wills and Trusts in New York

Re: administratix

Is your father also still living on the estate? If so, he definitely have protections against being ejected from the estate. Are there any other siblings?

It is impossible to give you sound advice without a more thorough understanding of the situation. If you are interested in a free consultation, email or call me, and we can determine whether you need to hire an attorney for your case.

Re: administratix

First, you should find out by what authority she was appointed over you and your father. Was there a Will naming her? If not, your father was entitled to first appointment unless he waived it. Both you and he should have been notified and granted the right of appointment. Was this done? If not, you can seek to have her ousted. She cannot sell the house in an intestacy (no Will giving her the authority) without your father's consent and approval. He is entitled to it by law if there was no Will. I suggest immediately retaining a good, local estate attorney to help you and your father. Review and verify all she did and seek to have one of you appointed to replace her. You may also have a claim against the estate for reimbursement of the expenses you paid. Much more information is necessary to provide more than a general, basic answer.

Re: administratix

Were your father and mother still married at the time of your mother's death? If not, your father has no claim to mom's estate. If your mother died w/o a will and divorced fr your father, only your sister, you and any other siblings have an equal interest in the estate.If she was still married to Dad, he has first right to become administrator of the estate, not your sister.

Debra