Legal Question in Wills and Trusts in New York

Hi. My brother and I inherited property from our mother. We were both listed as administrators of estate for 2 separate properties. We have since split the properties so that we each got one. My mortgage that was originally in my mother's name remains in her name as the "estate of" due to the fact that i have never refinanced. They recently sent me an insurance check that is issued to "estate of ..." , meaning estate of my mother. Although I am listed as owner of the property they cannot issue the check in my name. The only way to deposit the check is to reopen an estate account. However since the original letters of administration were in both my brother and my name, I would need him to sign a co-fiduciary form stating he is no longer administrator of the estate so that I am sole owner, eventhough my documentation from when we split the properties already says this. The bank however still requires this co-fiduciary form. My brother refuses to get involved in the situation and does not want any part of it. Since he will not respond how can I proceed without him?

Asked on 1/21/12, 9:42 pm

David Slater David P. Slater, Esq.

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Your attorney must file a petition to have him removed as co administrator.

Answered on 1/22/12, 3:01 pm

Walter LeVine Walter D. LeVine, Esq.

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I agree. Or, the Court may direct the bank to allow you to open a new account with you as the sole signatory.

Answered on 1/23/12, 8:33 am

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