Legal Question in Wills and Trusts in New York

Re: Letter of Administration

Under the New York laws of intestacy, the surviving spouse receives the first $50,000 in value and the remainder is divided, 50% to the surviving spouse and the other 50% is divided among the children. If the house was owned by your ex-wife individually, then it cannot be sold until an Administrate is appointed. It is possible that the stepfather entered into a contract of sale, but he would be unable to deliver a deed until he became the Administrator of her estate. It is unlikely that your daughter was asked to sign "Letters of Administration"; in all likelihood, she was asked to give her consent to the appointment of her step-father to serve as the Administrator.

Re: Letter of Administration

WHILE I AGREE WITH NORMAN, SOME ADDITIONAL INFORMATION IS SUPPLIED. WHEN SOMEONE DIES WITHOUT A WILL (INTESTATE) AN ADMINISTRATOR NEEDS TO BE APPOINTED TO HANDLE THE ESTATE. THIS IS USUALLY THE SURVIVING SPOUSE. THIS PERSON IS RESPONSIBLE TO REPORT TO ALL LEGAL HEIRS AND THE SURROGATE'S COURT. AN ADMINISTRATOR IS USUALLY BONDED FOR FAITHFUL PERFORMANCE OF HIS/HER DUTIES, SO THIS SHOULD BE CHECKED WITH THE SURROGATE'S COURT. ONCE APPOINTED, LETTERS OF ADMINISTRATION ARE ISSUED, WHICH EVIDENCE THE APPOINTMENT, AND ARE NEEDED TO HANDLE THE ESTATE. YOU DO NOT SAY HOW OLD YOUR DAUGHTER IS? IF SHE IS A MINOR UNDER 18) YOU SHOULD APPLY TO THE COURT TO BE APPOINTED HER GUARDIAN, AS YOU HAVE THIS STATUS, AS YOU ARE HER NATURAL GUARDIAN UNLESS YOUR PARENTAL RIGHTS WERE TERMINATED. A COURT RECOGNITION OF THIS, BY ISSUING YOU FORMAL APPOINTMENT PAPERS ALLOWS YOU TO ACT FOR YOUR DAUGHTER. THUS, IF SOMETHING IMPROPER IS TAKING PLACE IN HER MOTHER'S ESTATE, YOU (OR YOUR DAUGHTER IF SHE IS AN ADULT) CAN PETITION FOR AN ACCOUNTING, AND SEEK TO SURCHARGE THE ADMINISTRATOR IF HE ACTED IMPROPERLY. IF A BOND WAS POSTED, YOU COULD LOOK TO THE BONDING COMPANY FOR REDRESS ALSO, IF ANYTHING IMPROPER WAS DONE. BEFORE THE BOND CAN BE RELEASED, SOMEONE HAS TO RECEIVE AN ACCOUNTING AND SIGN PAPERS RELEASING THE ADMINISTRATOR AND THE BOND. THIS CAN ALL BE EXPLAINED TO YOU AND/OR YOUR DAUGHTER BY THE SURROGATE'S COURT. I SUSPECT THAT THE HOUSE IS BEING SOLD, AND THE PROCEEDS WILL BECOME PART OF YOUR "X'S" ESTATE, TO BE HANDLED AS THE INTESTCY LAWS NORMAN CITED REQUIRE. NOTE THAT ANYTHING IN JOINT NAMES WITH A SURVIVING JOINT OWNER, OR WHICH HAS A DESIGNATED BENEFICIARY NAMED LIKE LIFE INSURANCE POLICIES OR RETIREMENT PLANS ARE NOT CONSIDERED PROBATE ASSETS, AND NEED NOT BE INCLUDED IN THE ACCOUNTING. YOU SHOULD INQUIRE IF THERE WERE ANY OF THESE TYPES OF ASSETS AND WHO WAS NAMED AS THE JOINT OWNER. THIS MAY BE DONE AS PART OF YOUR PETITION FOR AN ACCOUNTING. THIS IS A RESPONSE TO AN INTERNET QUESTION AND THE REPLY IS NOT INTENDED TO BE LEGAL ADVICE OR AS CREATING AN ATTORNEY-CLIENT RELATIONSHIP. MISSING OR OMITTED FACTS COULD CHANGE THE RESPONSE.