Legal Question in Wills and Trusts in New York
my mother has passed away and there is no will. my step-father says he has papers from a lwayer that us kids have to sign stating we agree to give him full control of her estate. why?
Asked on 2/18/12, 6:31 am
3 Answers from Attorneys
David Slater
David P. Slater, Esq.
As the surviving spouse , he is entitled to be appointed Adminstrator of her estate. You are entitled to a share of her assets, if any.
Answered on 2/18/12, 10:48 am
Walter LeVine
Walter D. LeVine, Esq.
I agree with David - as the intestacy laws controls the order that people may be appointed to handle the estate. a surviving spouse is first in line.
Answered on 2/18/12, 11:19 am
Antoinette Wooten
The Wooten Legal Consulting, PC
Your step-father is entitled to a share as a surviving spouse and I would suggest you consult an attorney before signing any papers.
Marcel Florestal
Senior Counsel,
The Wooten Legal Consulting, PC
212-918-4416
Answered on 2/20/12, 9:14 am