Legal Question in Wills and Trusts in New York
Co-Administrator refuses to take any action
My brother and I are co-administrators for my father's estate. My brother has cut off all communication with the rest of the family, and refuses to take any action to liquidate my father's assets or pay his bills. I have been paying the utilities and insurance on my father's house. But my father had a reverse-mortgage on his house and now the mortgage company is threatening to foreclose unless we can show that we are taking steps to sell the house and settle up. I cannot sell the house without my brother's signature. What steps can I take to get my brother to cooperate in getting this house sold so that we can pay my father's bills and settle this estate?
3 Answers from Attorneys
Re: Co-Administrator refuses to take any action
Speak with the estate attorney. A proceeding in court to compel his cooperation or have his appointment revoked may be necessary.
Re: Co-Administrator refuses to take any action
You will probably have to go back to the Surrogate's Court and bring an action to have your brother removed as co-administrator. You should have documentation of your attempts to move the estate along and his refusal to do so.
Re: Co-Administrator refuses to take any action
You can bring a proceeding in Surrogate's Court to remove your brother as Co-administrator. Be prepared to document the steps you have attempted to take and his refusal to cooperate.
Feel free to call me at 914-478-2981 after 4:30 PM. I do not charge for an initial telephone consultation.
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