Legal Question in Wills and Trusts in New York

Re: A waiver of citation,renunication & consent to appointment of administrator

With regard to your last question, this involves

Virginia law. If your (SH's) husband will

receive SH's property at SH's death, then any

inheritance from the decedent would go to the

husband, legally. Because the decedent is

already dead, the legal rights to inheritance

are fixed in place. THe administraton may

continue. But the legal rights vest as of the

death of the decedent. Therefore, the inheritance is legally yours (SH's) no matter how

long it takes for the estate to be administered.

As a result, if SH dies, that property and right

would be transferred to the husband.

It would clearly help to have a will making that

clear so that there is clear paperwork showing

that SH's property is inherited by the husband.

As to the other issues, unless you trust the

estranged daughter as your agent, I would not

sign anything, and it is probably worth you (SH)

going up to New York and qualifying as the

Administrator (executor) yourself.

Re: A waiver of citation,renunication & consent to appointment of administrator

I am a little confused as to why SH is not applying herself to be administrator, rather than her daughter, who only qualifies if SH were deceased or waives her right of appointment. In addition, SH has the right to name attorney for estate. SH can even qualify from out-of-state, so this questions why it is being done this way. That aside, as SH, all information can be obtained and should be requested in advance of authorizing the sale, although administrator can act herself unless contested. I suggest SH get her own local NY attorney to get all information on estate (assets, values, appraisals, debts, expenses expected, possible taxes -income and inheritance) and other information that is needed. SH has the right to get an accounting as to all matters, and should request it. SH should know that most administration fees are set by statute, and costs of administration can also be ascertained, in part they are set by size of estate. These matters can be learned by a simple telephone call to the Surrogate's office where matter is pending. SH's husband has no rights unless SH makes a Will naming him her SH, to include the inheritence she anticipates getting. Without a Will, her husband takes anything under the VA intestacy laws, which should be checked.