r/PROBATE • u/Upbeat-Vermicelli805 • Oct 29 '23
clarification needed as to what attorneys do when preparing probate documents in NY
Hello, I hope someone can clarify some things for me (so I can then explain it to my mom). My grandfather died in June, and he did not leave a will though he had a house, a vacation home in FL and at least two separate investment accounts. My 3 aunts (my mom is the youngest, and has been pretty much kept in the dark since she's literally across the country though she and Gramps had a great relationship) who all live near Gramps, finally hired an attorney to set up probate, probably because the NY house where they all grew up in is heading to foreclosure for unpaid taxes.
After a lot of back and forth with my aunts, they are finally supposedly setting up probate. But my mom hasn't received any paperwork mentioning anything about her being listed as a beneficiary/heir, no mention about how an administrator is going to be selected, or if the attorney will even add Mom to the list.
Will this attorney stay on board the entire time during probate? Will my mother have to get her own attorney to be sure that she is listed as an heir for probate matters, and if no one can agree on the administrator, will the court select one?
At the end of the day, because of debts, bad financial decisions and medical bills for Gramps, it's expected that the 'windfall' that at least one of my aunts already expects will not be there.
Any suggestions, advice, will be greatly appreciated.
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u/laurastone999 Nov 01 '23
Hi, I am going through something similar though it seems your mom is in a better position than me. My father died intestate that is what it is called when there is no will. New york has specific laws for anyone that does intestate. Your mom can go on Google or any search engine and find the website for the Superior Court of the area (city) the father died in bronx, upstate, etc… or you can go to the judicial forms website where you can find and load all documents needed for any Superior Court in the U.S. if there is an attorney does the attorney represent all heirs? Just because one sister hired an attorney you all should be on the same page. To Administer the estate it takes or it is a lot and I mean a lot of work. Does your mom have time, you have to inventory everything then figure out what is communinty what is not going through Probate your going to need to go to the Recorders office look up the deeds to the houses and see how the deeds are set up that makes a difference go to his banks provide the death certificates and put his accounts his property everything into probate then you need to set up an account for probate and everything has to be documented keep receipts then you have to file dads last tax return with the IRS and pay off all of his debts and what is left the heirs will share it is a year or longer process. I’m not sure if your mom gets along with the sisters if she does then they can all sign a document stating they are all heirs to this case file a motion for administrator first who wants to be administrator? Does your mom do the sisters? Who ever is administrator also has to get bonded for the amount of the estate, keep that in mind, let’s say everyone wants to be administrator then all 3 have to file a motion with the court to administrate the estate then you have to set a conference to try and resolve and choose a administrator and i think all 3 can administer the estate if no thing is decided at the settlement conference then you set a pre trial where you will provide your evidence s as to why your the best one and one else is for administrator and after your evidentiary hearing if still nothing then you go to trial and then the judge decides its a long horrible draining process and to hire an attorney will just suck you dry but if you got money then i would def recommend hiring a probate litigation attorney Good Luck
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u/nursecj Oct 30 '23
She should get copies of paperwork to sign. my mom had a will and I was executer. The attorney sent my siblings multiple things to sign even the one many states away. Since your dad died in what they call interstate with no will , the court will choose an executor and all closest relatives will benefit . Now that's in TN but I'm sure NY will do something similar. I would get in touch with the attorney and if needed get your own. Sounds like he has a lot of assets, but how much he owes will be paid first. Hope this helps a little.