Legal Question in Wills and Trusts in New York

Re: letters of administration

It is evident that your mother died and that she did not have a Will.

Her Estate, that is the property she owned as an individual, will be administered by an Administrator.

The Surrogate's Court will appoint the Administrator and your receipt of the Notice alerts you to the fact that a proceeding has started in the Surrogate's Court. This is required.

You may appear in the proceeding and retain counsel to protect your interests in your mother's Estate.

Your step-father is eligible to serve as the Administrator, and if appointed, will assemble your mother's property, pay her debts and taxes (if any) and then distribute the remaining property in accordance with the provisions of the intestate (for people who die without a Will) laws of New York.

You are entitled to be informed of the property owned by your mother and the Administrator can be compelled to provide all pertinent information to you. Some information is included in the Petition which has been filed with the Surrogate's Court and you can get a copy of that document.

Re: letters of administration

Letters of Administration are issued when a person dies without a will (intestate). By applying for letters of administration, your step-father is seeking to get appointed as administrator of your mother's estate (the equivalent of an excecutor if your mother died with a will). You have ani interest in the estate and may be entitled to be appointed as administrator. At a minimum, you are entitled to an accounting of the estate and its holdings.

Daniel Clement