Q: If there is a statute that allow a widow to become administrator of a busi do you have to sign waiver of citation
A: This is a question that may need more information for it to be properly and fully answered. In the first instance,you have to determine if your spouse, who has now passed away, owned 100% of the business or less than 100%. If he owned less than 100%, who owned the other shares--did you or someone else? There may be a business buy sell agreement with any other owner.If your husband left a will, an application can be submitted to the Surrogate's Court to have the will accepted and approved by teh court ("probated")to control and transfer his assets. If your husband did not leave a will, which could be probated, and if the business is worth more than $30,000. you will probably have to apply to the Surrogte's Court to be appointed as his admiinistrator in order to legally take over the business. In such a court appliction, your children, regardless of age, may have to be represented. If they are over 18, they can sign a waiver of citation and consent concerning your application. In the first instance, you may not be able to take the business over without a court application. If need be, you may be able to apply to the court for temporary rights to operate the business. You should consult with an estate planning and estate administration attorney.
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