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dawnnish

Member
What is the name of your state? I am in Florida but the Estate concern is in NYC. My mother died in January 2005, without a will. There was no huge estate to be concerned with and the only real asset would be the house I grew up in, in The Bronx. Although she remarried(my parents divorced 25 years ago and she bought out my father's portion back then) in 93, the deed always remained only in my mother's name. I do not get along very well with my stepfather and haven't spoken to him at all since she died. He still lives in the house along with my brother who managed to have my mother support his lazy butt for 37 years and would probably need to be sold as part the house one day! Needless to say, we also do not speak. Afew months after Mom died my stepfather asked me to sign papers to allow him to be the Administrator of the Estate. Being 2000 miles away and basically broke, I thought that logically he should still be the one to do it. I assumed the law would still protect any rights I may have anyway. It has now been over 3 years and I haven't heard one word about what's happening (and no, I have not asked him directly because honestly, I don't expect a direct answer). I'm thinking my brother may have not immediately signed the papers as I did but assume eventually he, too, had to realize SOMEONE has to handle probate. But THREE YEARS? For a house that can't be worth more than $400,000 and probably less in the current market?

Being unfamiliar with the process, if the estate-house-comes out of probate, by law is he required to contact me about it? And am I automatically entitle to my portion? If that's the case than I am thinking he(or they, my brother as well) have only 2 choices: sell the house and split it OR keep the house and give me my part of what it is worth. Is this correct? If I could afford it I'd get my own lawyer to follow up but I am barely making ends meet as it is so that is not an option. Any real help would be appreciated. Thank you.What is the name of your state?
 


Dandy Don

Senior Member
Check at the county probate court/surrogate court for whatever city he died in to order copies of the entire probate file to see how the entire estate was handled. Then consult a New York probate attorney to find out what your rights are. The fact that he is still living in the home could be a good thing--it hasn't been sold yet. You and your other sibling may be able to force a sale as legal heirs, but he is also entitled to a certain portion of the estate as a surviving spouse and your attorney can help you figure out what his share of the estate should be. Your attorney will also need to look at the documents in the probate file to see if title was changed to reflect the names of the new legal heirs or not.

DANDY DON IN OKLAHOMA
 

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