Hamden, CT asked in Probate for New York

Q: My sister died intestate, no assets. Her boyfriend is pestering me to write up notarized document giving him power of

attorney, based on what he calls my "bloodline power of attorney",so he can access her storage unit. Can he apply instead to be volunteer administrator of her small estate, without my involvement? As of yet, no paperwork has been filed and no one is officially in charge of her estate. My understanding is that a public administrator will handle the estate if I do nothing, since there is no will and no assets.I have no interest in the storage unit, he wants access for sentimental items (her clothing and photos) which are not of monetary value.The storage unit company has told him he need to present a court order naming him beneficiary of the unit, as well as the death certificate.He seems to think that I can expedite his getting the court order by granting him "power of attorney". I think it is not mine to grant, and am content to let the estate be settled by the state/public administrator, without my involvement. What action can he take on his own to become administrator of her estate?

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: You cannot give a power of attorney. That makes no sense. Only you can do the voluntary administration. He has no standing as a boyfriend. He could prepare the papers and file them, but you have to sign. He could bring an estate administration as a "creditor", but this is time consuming. The Public Administrator will not get involved. Did you ever see "Storage Wars" on TV. The storage facility will auction off the contents to pay the warehouseman's lien for charges if no one pays. The PA only gets involved if there are assets they can sell.

1 user found this answer helpful

Peter Klose
PREMIUM
Peter Klose
Answered
  • Probate Lawyer
  • Nyack, NY
  • Licensed in New York

A: Cant you help him in your time of loss with an Affidavit of Small Estate

He does not have the right to do it, and it costs only $1 to file with the appropriate Court

You need to do it because you are the heir

https://www.nycourts.gov/courthelp/diy/smallEstate.shtml

1 user found this answer helpful

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