Legal Question in Wills and Trusts in New York

Hi, I will try to be as straightforward as possible. It is complicated. We do have an attorney but feel we are not getting the correct answer and explanation.

My step dad passed away last year and left my mom everything in his will including naming her as Executor. They were together 38 years but never legally married. His mother left him the co op apartment which he resided in, but it was still in her name. My mom has been paying the maintenance fees since he passed away.

His Will should be probated and finalized in about a month. Our attorney has filed for a Letter of Administration for my mom to be able to sell the co op apartment since it is in the Estate of (name of my step dad's mom). The judge has ordered my mom to obtain a bond before she grants this. Our attorney has not given my mom a copy of this order which we need in order for her to get the bond.

The question is: does my mom have to obtain a bond if the the Will will be finalized leaving his Estate to her? The co op is the only asset in his Estate, which he inherited from his mother but it is still in her name. We both were thinking she may not have to do this. Thank you in advance.


Asked on 12/20/15, 10:14 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

If the judge ordered it, yes. It is a simple procedure

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Answered on 12/21/15, 4:58 am


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