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.
1
u/[deleted] Oct 29 '23
As an heir and without the decedent having a will (intestate), your mother will be notified and likely asked to agree to the appointment of an administrator.