administrator with no will in place.

[shadowcat67]

What is the name of your state (only U.S. law)? New york

A few months ago my daughters father died unexpectedly. We were never married, and he had no will. My daughter is 7 years old. Since he passed away his family has taken everything he owned and my daughter had gotten nothing. When I confronted the family on this I got nothing but lies and the runaround. For example, He owned his own construction business, all his tools were suopposed to be sold to pay for the funeral. They have since disappeared and the funeral is still not paid for. Now, to my question, an annuity was found from an accident settlement ($18,000.00), and the question of the "administrator" has come up. I was sent a letter of "waiver & consent" for his mother to be the admin. From the brief conversation I had with her daughter, I was told that after bills there would be nothing left for my daughter ( once again) Meanwhile I found out that they want to spend an additional $7,000.00 to change the burial. Do I need to be the admin to protect my daughters interests? What are her rights?

 

[anteater]

Do I need to be the admin to protect my daughters interests?

It sounds like it. You need to consult with an attorney experienced in probate on behalf of your daughter.

What are her rights?

That is an awfully wide question.

 

[Zigner]

It sounds like it. You need to consult with an attorney experienced in probate on behalf of your daughter.


That is an awfully wide question.

Based on the OP, there already IS an administrator for the estate. Furthermore, the OP consented to said administrator.

 

[anteater]

Based on the OP, there already IS an administrator for the estate. Furthermore, the OP consented to said administrator.

Maybe I misinterpreted. I took it to mean that she had been sent the waiver, but had not done anything with it and still had time to contest the ex-husband's mother's appointment.

 

[justalayman]

§ 4-1.1 Descent and distribution of a decedent's estate
The property of a decedent not disposed of by will shall be distributed as provided in this section. In computing said distribution, debts, administration expenses and reasonable funeral expenses shall be deducted but all estate taxes shall be disregarded, except that nothing contained herein relieves a distributee from contributing to all such taxes the amounts apportioned against him or her under 2-1.8.

Distribution shall then be as follows:

(a) If a decedent is survived by:

(1) A spouse and issue, fifty thousand dollars and one-half of the residue to the spouse, and the balance thereof to the issue by representation.

(2) A spouse and no issue, the whole to the spouse.

(3) Issue and no spouse, the whole to the issue, by representation.

(4) One or both parents, and no spouse and no issue, the whole to the surviving parent or parents.

(5) Issue of parents, and no spouse, issue or parent, the whole to the issue of the parents, by representation.

Rights? It seems your daughter is THE ONLY one with any rights to anything here, PERIOD. Siblings or parents get nothing.

So, if you have not already signed the letter, do not do so until you contact an attorney. I would suggest you file as admin, or an attorney that represents your daughter since she is the only one entitled to anything here.

Once his estate is settled, your daughter is the only party with an interest so you, or an attorney for your daughter would be the reasonable party to engage as admin.

get thee to an attorney, NOW. If anything was taken from the estate, you will have a hard time getting it back. Protect your daughters interest with ferocity if necessary.

 

[shadowcat67]

Money for an attorney??!!

When I get the citation to appear in court as to why I haven't signed the "waiver & consent" form, will they or can they assign counsel for my daughter?? If not what else can I do being as we have very limited resources?MY child hs been through enough and I don't want her to miss out on what should abosolutly be hers.