a few questions about no will

[Zigner]

because "hes never seen anything like this" my advice was to get a new attorney.

I agree with you on this. If the attorney is stumped by something that happens often enough that there is case law on it, then your mom needs a new attorney.

 

[HRZ]

SUggestion

1. Mom moves all the funds to some other safe place immediately BEFORE asking any questions, lest somebody freeze the account until any smoke clears .

2: Somebody makes a police report and has a copy of same as to the ransacked premises.

3. IF Mom wants role of administrator under intestacy she moves that ball forward promptly ...and retains counsel as she sees fit....may well NOT be one she contacted earlier. PErhaps, IF the named executor in the invalid will is reliable,in Moms opinion, she jawbones that person to step up to plate ...the intestacy law may provide a priority of applicants and a time frame , look it up.

4. Mom keeps very accurate records, receipts of everything she expended to safeguard the estate including time records ...

 

[FlyingRon]

Then get an attorney with experience in probate. Tons of them out there.

 

[HRZ]

IT will go as the intestacy law of the relevant state, NY it seems, demands it go...if administered ...if ignored the tax collectors and escheat to state may apply.

 

[FlyingRon]

IT will go as the intestacy law of the relevant state, NY it seems, demands it go...if administered ...if ignored the tax collectors and escheat to state may apply.

Presuming the Uncle didn't have a spouse or children, and the uncle's parents were dead, then any siblings (including the poster's mother) would inherit the estate.