Philadelphia, PA asked in Estate Planning and Probate for New York

Q: Am I legally allowed to be the administrator or a co-admin of my grandfather's estate while his son (my uncle) is alive?

My estranged uncle is petitioning to become the administrators of, first, his mother's estate (my step-grandmother), and then, second, his father's estate (my biological grandfather), essentially double dipping. My uncle had two sisters (my mother and aunt, both deceased). My mother had two children (still alive). My aunt had three children (two still alive). My uncle was duplicitous in getting our contact information for his petition. His attorney never sent us a notification with a court date or docket number to appear in court to affirm or contest his petition. He abandoned my grandfather's co-op for 10 years never notifying us that it was still available and leaving it currently in arrears of $72,000. There is more to this classic tale of and good versus evil filled with greed, deception and betrayal, but, for now, I want to know if I can have his request enjoined or at least become a co-admin to ensure an equitable distribution for all - the four of us and him?

Related Topics:
1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: You can object. As next of kin, he has priority, but the court can refuse him.

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.