Legal Question in Wills and Trusts in New York

Re: inheritance without a will

I agree with Arnold, but have a suggestion. Did an attorney assist your sister in making the Will? If so, he may have the original or he may have kept a duplicate copy. If so, you could consider applying as Administrator with the Will annexed. This can be done where there is only a copy of the Will available. It may require litigating against your mother. If no copy or original is found, the estate passes by administration under the intestate laws of New York. You can find an outline of these laws at any NY Surrogate web site. Unless you want to get involved in protracted litigation, check your rights and see what you can do in negotiations.

Re: inheritance without a will

My condolences on your loss.

Unless your sister's assets were in some kind of trust or in a joint account, her assets will have to be administered by the Surrogate's Court in the county where she resided when she died.

If you cannot find the Will, your mother has every right to apply to be appointed as Administrator of your sister's estate.

If you know of some reason why your mother cannot properly perform this function, you can file objections with the Court.

Unfortunately, without a Will, the State of New York determines how yoour sister's property will be distributed.

The waiver you are being asked to sign is probably a waiver to being formally cited of her application to be appointed as Administrator.