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Can a temporary administrator ( Sister ) ban you from your parents house

Rego Park, NY |
Filed under: Probate

Both parents passed. House sealed because parent passed in home from old age. Sister became temporary administrator. Do I have the right to ask for a key. Am I entitle to a key or does she need to be present when I enter my parent's home. I do not live in this state but I came here to see what my parents left behind. She has already been in the home many times. Never once mention or ask me if I want something. Parents had money plus property. No will

Attorney Answers 3


  1. If your parents passed away and you are both of their only child, you are entitled to the property under the EPTL, unless the deed says otherwise. I would look at the deed of the property to see how it was titled. Under all circumstances, I would speak to an attorney about this matter as you are probably entitled to the house (or the proceeds from the sale).

    Sincerely,

    Roman Aminov, Esq.

    Law Offices of Roman Aminov

    147-17 Union Turnpike | Flushing, New York 11367
    P: 347.766.2685 | F: 347.474.7344
    Roman@AminovLaw.com | www.AminovLaw.com

    This answer does not constitute legal advice and no attorney client relationship has been formed. Before choosing a course of action, it is always advisable to seek the advice of an attorney in your area.


  2. Also understand that if your parent was in a home, medicaid may be involved as a claimant.

    You have been served with probate papers and it would appear that you had no objection with your sister being adminsitrator and you are out of state. Was your sister the primary caretaker too? Family disputes in probate are common. In any event, as per the above, either with counsel or without, do review the file and accountings.


  3. You've posted this question twice. I responded to your other posting. In a nutshell, work it out. It sounds like you are both equal owners of the house and you can proceed the easy way or the difficult way.

    Good luck to you.

    Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as rendering legal advice involves the ability of the attorney to ask appropriate questions of the person seeking such advice and to thus gather appropriate information. In addition, an attorney/client relationship is formed only by specific agreement. The purpose of this answer is to provide the questioner with general information, not to outline specific legal rights and remedies.

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