Legal Question in Wills and Trusts in New York

Is it best to ask court to appoint a public admin for estate to ensure legal process followed and fairness? 5 siblings. Father passed away in 2013. No admin granted for court, because younger siblings feel they are entitled to everything/want to control everything. I am military and live in MD. Others live near estate. Initially we all agreed that myself and younger sister would be admin and signed the papers with/estate lawyer. My family and I drove back to our duty station the next day, only to be told by the lawyer later, that the younger siblings contested the admin we all signed. The admin process stopped and the estate has sat idle. We all received an Admin Citation to appear in court to appoint an admin or public admin, b/c house going through foreclosure. Can I request a public admin to ensure fairness and legal process is followed? The day after father passed, the younger sibling rerouted all his mail to her home and has kept all paperwork, documents, bank papers, court, papers, etc. in secret. She has also been selling RV, motorhomes, campers, etc. w/out being named admin. NO will. This is NYS Herkimer County


Asked on 9/02/17, 7:27 am

1 Answer from Attorneys
Richard Bryan Richard Bryan Attorney PC

It seems the situation as you've described would best be handled by the public administrator, yes. It's going to end up costing everyone more than necessary, however if you all can't agree then the PA will step in.

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Answered on 9/06/17, 1:23 pm


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