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Questions for BlondiePB

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DaveNY

Junior Member
I live in NY. The estate is in NY.

My sister died and left no will. My brother and I are the only surviving siblings. Both my brother and I applied for and have been appointed by the court to be co-administrators of the estate. My brother just recently resigned as co-administrator. His reasoning was because he said I was making decisions without consulting him first and that he was not allowed to participate in any of the decision making. The fact of the matter is that my brother never made any attempt to get involved. He essentially left everything up to me. He never even asked how things were going or what needed to be done. He basically made no attempt to take for responsibility for any of the many tasks that needed to be handled. As far as I'm concerned he totally neglected his responsibility as a co-administrator. Our relationship has disinegrated over this so I'm not sure if he is planning to cause a problem based on his resignation but I don't trust him.

Can my brother cause any problems with the estate proceeding based on his accusation of me not including him?

Is there anything that I need to do or that I can do to protect myself, from a legal perspective, from my brother's accusation?

Since I feel my brother neglected his co-administrator responsibilities do I have any recourse?
 


BlondiePB

Senior Member
Squibblings.......

Can my brother cause any problems with the estate proceeding based on his accusation of me not including him?
Of couse he can cause you problems. The problem is whether or not the problem is a problem. Did you obtain his resignation in writing as Dandy Don suggested?
Is there anything that I need to do or that I can do to protect myself, from a legal perspective, from my brother's accusation?
Hire an attorney. With all the problems you are having you should have hired one a long time ago.
Since I feel my brother neglected his co-administrator responsibilities do I have any recourse?
Such as?

You really need to turn this over to an attorney. Then, your brother (as long as his resignation is in writing) can deal with your brother and you won't have to.

p.s. Squibblings are squabbling siblings. ;)
 

DaveNY

Junior Member
The answer is yes. My brother has submitted a formal request to the court to be removed as co-administrator.

I do have an attorney involved but he's not involved to represent me persoanlly. He is involved to oversee the estate proceeding and I contact him for advice from time to time on how to handle creditors, pay bills, etc.....

Since my brother has formally resigned his co-administrator rights does that take him totally out of the picture from a legal perspective or does he still have certain rights since he is the 'other' sibling?
 

BlondiePB

Senior Member
Since my brother has formally resigned his co-administrator rights does that take him totally out of the picture from a legal perspective or does he still have certain rights since he is the 'other' sibling?
Your brother still has the right to make you and what you need to do to probate the estate as miserable as possible. Based on all the threads you have posted, he has done so. ;)

I saw the reply on your other post by DD. Since you do have an attorney, you could have your attorney take over probating the rest of the state. Your attorney then can deal with your squibbling. It's your choice.
 

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