my father, who lives in Puerto Rico, lost his brother who has some assets in new york. my father is handicap and it will be almost impossible to travel to new york. can he request letter of administration even when he is living out of state? Can I represent him in any way?
Estate Planning Attorney
The person named in the will would have first priority.
If no will exists-a personal representative may be appointed with consent of the beneficiaries
if quaified by NY law.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
1 lawyer agrees
Ethics / Professional Responsibility Lawyer
Assuming your father is a US citizen, he can petition for letters in the county where his brother resided. He does not have to appear in court personally. You can certainly help him, but you can't represent him unless you are a lawyer. What exactly needs to be done depends on whether there was a Will and the nature of the assets. How easy or difficult it may be depends largely upon the Surrogate's Court where the application must be made. Some courts are helpful, some not so much.
Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.
2 lawyers agree