Legal Question in Wills and Trusts in New York

Re: Choice Of Executor

While your father is the closest living relative, he is not named in the Will. He cannot be appointed executor since he is not named. He can, however, upon verification that all other relatives have predeceased, apply for and become Administrator with the Will annexed. He will need to provide proof that that the other have passed on, with originals of all of their death certificates. You do not specify what the Will provides as to who becomes entitled to the estate or how the assets pass if the other relatives have predeceased. Does the Will state that the estate goes to the heirs at law and next of kin who survive (which would appear to be your father) or does it say that some other taker gets the estate (like a charity)? You do not say who died or in what order. If your uncle was not the last to die, my answer may change.

Re: Choice Of Executor

The issue here is not 'logoc' and the choices are not restricted to an 'interested party' (any person may be named executor).

An 'interested person' (someone who has a specific interest in the estate) may petition the court for an executor to be nominated. Any person, interested or not, may be nominated, and the court will make a decision.

The lack of persons named as heirs who are living may make determining 'who is an interested person' difficult to ascertain, but any competant attorney can assist you. I am available for a consultation on this matter. Please make an appointment through email.