Legal Question in Wills and Trusts in New York

After my fathers death my mother had a guardianship, she died in 2006. The (Surrogattes) judge signed the final accounting in 2008. Since then a representative payee for her estate was not appointed and the search for a will coninued (searching for 15 years). The Surg. courts notified me by letter that it is considering issuing an order to hand off the estate funds to the Public Admin. Office so that the guardianship can be closed. The Surg. courts is asking if I have any objections. According to the letter I received the Public Administrator will either apply for letters of testamentary or work with the family to resolve issues.

There is only my brother and myself as heirs, but there are issues.

Do I need a lawyer , and when should I get him involved.


Asked on 1/23/11, 1:59 pm

2 Answers from Attorneys
Anthony Park Anthony S. Park, PLLC

Your situation is unclear from your post, but generally, it's preferable to have your own attorney rather than have the Public Administrator handle the estate. Feel free to call our office at 212-401-2990 for a brief complimentary consultation.

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Answered on 1/27/11, 1:06 pm
Walter LeVine Walter D. LeVine, Esq.

The issue is who is entitled to represent the estate, the PA or the children of the decedent. You do not explain what other issues are involved, and they might bear on who should act. I presume that neither child was the Guardian? I suggest a personal attorney damiliar with these matters be retained by the children to finalize all matters.More facts are needed on what issues need to be resolved.

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Answered on 1/29/11, 10:57 am


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