Legal Question in Wills and Trusts in New York
First entitlement to letters of administration
My mother found a dormant bank account worth 20k held by NYS, belonging to her late uncle. She is applying for letters of administration, is the eldest living and only one residing in NYS. Rule 4:80-5 indicates preference to NYS residents in granting letters. 4:80-3 indicates no renuciation required if 1st person entitled makes application. Is it necessary to have all other neices/nephews sign waivers or be cited? What if they cannot be located or contacted?
2 Answers from Attorneys
Re: First entitlement to letters of administration
First entitled can be apppointed, but all of equal status must be cited and have equal right of appointment. All co-equal nieces and nephews must at least be cited and are entitlerd to an equal share of the estate.
Re: First entitlement to letters of administration
Every person who has prior right to serve and every person with equal right to serve, as administrator, must sign a waiver or be cited.
The clerk will help you (or her) but you must disclose all of the necessary information. Did the decedent leave children?
Specifically in your case, all neices and nephews must waive or be cited.
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