Q: My father just passed away how can I protect myself
He did not have a will and my brother is trying to take over
A:
You should really call estate attorney as soon as possible as you are in for a fight. It's called contested estate and I am in the middle of one right now and it's not pretty.
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
Barry E. Janay agrees with this answer
7 users found this answer helpful
A: Go down to the Surrogate's court as quickly as possible and ask to speak to the self-represented litigants support staff, they can help you fill out the forms necessary to begin an administration proceeding. You should apply to be an administrator to gain control over the assets / bank accounts and sue (if necessary) on behalf of the estate. Your brother can of course contest this. Another alternative would be to retain an attorney to immediately put your brother on notice regarding any conduct that may be violative of the law.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.