Legal Question in Wills and Trusts in New York

Re: non-family member

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Your attorney, (the one seeking letters for you), should be able to get limited letters so you can use the decedent's assets to pay taxes, upkeep, etc. of the house.

Re: non-family member

The Court may just being cautious that no family members can come in and claim a portion of the estate, under any of multiple theories. Have you done and presented to the Court any advertising for family members to provide citations to, and had no response? Has the Will been properly executed so there are no questions of its eligibility for probate? Has anyone contested its contents or the ability of the decedent to have made it? If all questions I asked show no reason why the probate should not be completed, have you brought a suit to declare the Will valid and ordering the Surrogate to admit it to probate? This might be required to get the Surrogate to move. What reasons does your lawyer give for the delay? If there are any reasons, Arnold's suggestion should be undertaken.

Re: non-family member

There is no reason why this is still being held in abeyance by the court. While the court is reasonably cautious under the circumstances (elderly deceased and heir also holds power of attorney), this should have been resolved after no longer than 9 months, and that is very cautious, in fact a very long time.

This is the kind of thing that an attorney can help you with.

No responsible attorney can give you advice without reviewing the documents - all of the documents. You are welcome to a consultation for no fee. Please schedule an appointemt by email.