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personal property distribution of an estate

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booie34

Guest
I have a few questions concerning personal property of my Dads estate.
My Dad died intestate in New York in 1997. My stepmother is administrax of the estate.
1. Should the children be notified of personal property being distributed?
2. Does the administrax need to itemize personal property as part of the estate?(inventory)
3. Should the heirs of the estate be notified of progress in liqidating ,sales etc.?
4. Are the heirs responsible in contacting the administrax and estate attorney or is it the other way around?
5. Can an heir contact a surrogate judge to ask questions?
6. If an administrax dies before an estate has been finalized, what happens next?
7. Should distibution of personal property be done with out prejudice or can it be done as the administrax sees fit?

thank you in advance
 


ALawyer

Senior Member
1. Should the children be notified of personal property being distributed?
NOT LEGALLY REQUIRED IN MOST STATES PRIOR TO DISTRIBUTION.
2. Does the administrax need to itemize personal property as part of the estate?(inventory)
YES, UNLESS IT ALL GOES TO HER AS UNDER THE VALUE OF HER ELECTIVE SHARE.
3. Should the heirs of the estate be notified of progress in liqidating ,sales etc.?
NOT UNLESS THEY ASK, and then it may have to be done through court.
4. Are the heirs responsible in contacting the administrax
YES
and estate attorney or is it the other way around?
5. Can an heir contact a surrogate judge to ask questions?
ONLY IN THE MANNER PROVIDED BY LAW
6. If an administrax dies before an estate has been finalized, what happens next?
SUBSTITUTE AMINISTRATOR IS APPOINTED BY COURT
7. Should distibution of personal property be done with out prejudice or can it be done as the administrax sees fit?
SHE'S IN CHARGE AND ABSENT ANY LAW TO THE CONTRAY OR NEED FOR COURT APPROVAL, ONLY IF THERE IS A GROSS ABUSE OF DISCRETION DOES THE COURT GET INVOLVED.

thank you in advance
 

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