Legal Question in Wills and Trusts in New York
Mom died intestate
My mother passed away without a will. My mother was not married and I have two brothers who are living. None of us lives near where she did. She had a house and a small savings account. She owned her house free and clear and from what I have been able to gather has a relatively small balance on a credit card. I have several questions. 1) Can I be the administrator of her estate even though I would stand to inherit from it? 2) Since my husband and I I are in the best position to pay bills, should we pay them from our own personal funds, keep an accounting and reconcile it at the end?3) What happens if we have strong disagreements that can't be settled? This appears that it could happen.
3 Answers from Attorneys
Re: Mom died intestate
You may be the administrator. In fact, most administrators are also beneficiaries.
Yes, but make sure that you keep good records and the expenses are necessary. Some expenses may be postponed until the estate is liquidated.
If all participants cannot agree, the court would have to make the decision, just like a normal civil case.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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Re: Mom died intestate
It would be improper for an attorney to proivde legal advice without having first analyzed all of the facts and circumstances of your particular matter.
However, I will try to provide you with some general information.
I received your questions because it was indicated that it is based on New York law. In New York, a family member could be appointed administrator where there was no Will. As administrator you would have a duty to act fairly and properly with respect to settling the estate. If you breached that duty you could be liable to the other beneficiaries.
It is permissible to pay the bills of the estate until such time as the estate's assets are liquid. You could then be reimbursed by the estate. You should keep in mind, however, that these bills must be for necessary expenses of the estate.
If you need the assistance of an attorney, please feel free to contact me at (212) 971-1384.
Best of luck.
Re: Mom died intestate
1. yes
2. yes
3. the court
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