Legal Question in Wills and Trusts in New York
my grandmother passed and had no will and no living spouse she had 5 kids 3 have passed my we picked 2 administrators.now my aunt said she has more rights then we do and we dont want her to be where do we stand as grand kids
1 Answer from Attorneys
According to NY's intestate laws, for estates over $30,000, the two children can petition for letters of administration. They are given preference to the grandchildren. If the other living child does not want to be bothered with the administration, your aunt will be given a preference as the administrator. Just because she becomes the administrator does not mean she can run amok. There are laws that protect beneficiaries. If the grandchildren are concerned, they should consult with a local experienced lawyer to discuss their rights under New York estate laws.
Licensed and practicing in NYC and Long Island.
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