Legal Question in Wills and Trusts in New York

Voluntary administrator

My mother passed away in May,and my sister was appointed voluntary admimistator without the consent of the remaining family members.Since she has been granted this title,the lawyers handling the estate are not responding to any calls from other family members or creditors.The estate has already went to surrogates court and are family is to recieve a large sum of money.We are concerned,based on her past history,that she will walk away with all this money.My question is, does being admimistrator give her the right to advise the lawyers handling the estate not to talk with other family members and how can we legally remove or object to her being appointed to this position in the first place. thank you


Asked on 1/10/05, 8:43 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Voluntary administrator

I am surprised that the Surrogate appointed her alone, when all siblings had the right to be equally appointed. Did she serve you with a citation to approve her as the sole appointee? Did you sign any other document authorizing her to act alone? If not, I suggest you promptly contact the Surrogate's office and get the mappointment corrected to allow someone else to be appointed with her. In any event, the attorney is required to communicate with all estate beneficiairies.

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Answered on 1/11/05, 3:18 pm


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