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.

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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.

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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

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Answered on 2/20/12, 9:14 am


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