Q: petitioning to be administrator of estate. is it vital who files first?
My mother died while i was vacationing . I have one sibling, no father. My brother was notified before me. He paid for her funeral , changed the locks on her house and shut off utilities. When i found out she had died it was three weeks later. He isn't speaking to me. He had his lawyer send me a consent form to be administrator of the estate. I hired an attorney who said it was VERY important that we file on my behalf to be administrator. he said he'd send my brother the consent form AFTER I'm approved . The court approved me , but that means nothing if my brother does'nt sign the consent form.I know he'll receive a citation if he does'nt . His att. never filed a petition. I spent alot to have this done . was there any advantage in me filing before my brother? Did it make sense to have my att. send the waiver after the fact? Seems I spent alot of money for nothing. My brother wont sign and now we have to fight it out ,,seems my att. wasted my $.
A:
I wouldn't just blame your attorney for giving you an advice. I don't see anything wrong with you filing to be an administrator. You didn't want your brother to administer an estate in the first place as he changed the locks to your mother's house without telling you. It seems like you would have been up for a fight anyway.
You can get a second opinion on the administration petition your lawyer signed but I would actually let him or her handle the process and answer your questions.
Sincerely,
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Ave, Suite 400
Brooklyn, NY 11235
tel: 718-333-2394
fax: 718-701-8859
www.BrooklynTrustandWill.com
6 users found this answer helpful
A:
It is more difficult to overturn an appointment of an administrator than to be appointed in the first place. Your lawyer is being practical and giving you good advice. Without your brother's consent, you're likely to be challenged, but he'll have to prove that you're disqualified (as a convicted felon, for example) from serving or that you are legally unfit in some other fashion. His best hope may be to get himself named a co-administrator. Had your lawyer sent the consent first, it would tip off your brother that he needed to beat you to the courthouse.
You're suspicious of your lawyer for some reason. If he is communicating with you clearly and explaining your legal situation and you still don't trust him, you had probably better get a different lawyer because you'll never be pleased even if he serves you well.
PS: My comments here or for general information only and are not specific advice about your legal situation. Nor do they create an attorney client relationship between us. Consult a lawyer in your state for legal advice.
A: Overall it's better to file first as the other attorney had mentioned and yes, you would probably be in for a fight in any case.
A: Filing first was a good plan. However, the court will likely make you serve together, so get the citation, meet your brother in court and get on with it. If you think he took something extra, the court will deal with that later.
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