Legal Question in Wills and Trusts in New York
aunt with no will
i received a letter saying my fathers sister passed away with no will, and that i need to sign and notorize that my cousin be the administrator,and that my signing will expedite matters and WAIVE THE ISSUANCE AND SERVICE OF CITATION. what exactly does this mean.
1 Answer from Attorneys
Re: aunt with no will
To be appointed Administrator in an intestate situation (dying without a Will) or an Executor (there was a Will), NY law requires all interested people be given notice of the proposed estate matter, so they can file objections if there is anything they want to contest. If there are no contestants, the application can be approved quickly and the applicant appointed. If there is an objection (by you or anyone else), there would be a hearing and a Citation would be issued advising you of the date, time and place of the hearing. Presuming your cousin is the closest living relative of your aunt, and you will have no interest in the estate, nothing is to be gained by not signing the document. In this regard, and to respond better, more information might be needed if the only closest living relatives are your father's heirs (i.e., your aunt had no husband, children or grandchildren, or parents surviving her).