Brooklyn, NY asked in Estate Planning, Real Estate Law and Landlord - Tenant for New York

Q: Mother died 20 yrs ago no will all children but 1 deceased but the in hospice. Condo board brought Public Administrator

In to take over granted 6 months. Can a family member get power of attorney to get condo back in Surrogate court for the child so nephews don't get evicted.

1 Lawyer Answer
Steven Warren Smollens
Steven Warren Smollens
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Without a will, all the children living when their mother passed away became the heirs of the real property. Any one of the adult children had the power to become the legal administrator of their mother's estate and transfer the deed from the decedent's estate to each sibling, as well as the other personal property and possessions left behind.

A lawyer would have been able to set the new property ownership to allow each sibling's heir to succeed to the parents' ownership upon the sibling's death. Did anything like that happen?

The only person able to extend power of attorney is the sole surviving sibling in hospice. One of those nephews needs a lawyer to get this done.

This will open up all those heirs and their issue that may have been left out when no one acted to deal with the decedent's estate twenty years ago. But it is possible that the surviving sibling in hospice inherited everything, and then she/he should have a will made up while there is time.

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