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My mother passed a year and a half ago intestate. I have 5 siblings. We have never probated. Cannot agree on how to proceed.

Staten Island, NY |

Mentally ill brother lives in her home and refuses to cooperate. Four siblings want to sell her house. Pension account is frozen without letters of administration. I am at my wits end trying to be diplomatic. My brother is impossible and violent.

Attorney Answers 6

Posted

Don't you think it is time to get an estates attorney involved. This is a legal matter that requires skills you do not possess. Too much time has elapsed and waiting has made your situation worse. You are now late on any inheritance taxes or final income taxes and you have no solution to your problems. Lawyer up; do this NOW!

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Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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Posted

I am a local Trusts and Estates attorney. You need to file a petition for letters of administration immediately with teh Surrogates Court. You may call my office at 347-270-8502.

This answer is made for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party, any partnership, investment plan, arrangement, legal structure or other transaction addressed herein.

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Posted

You are going to need to file with the Surrogate's Court. Retain a lawyer.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.

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Posted

You need to file an action in surogate court asap. My office is on staten island and I have been in practice for almost 10yrs handeling these type of matters. Feel free to call me to discuss your case 718-273-4575. FREE CONSULTATION

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Posted

I practice probate on Staten Island please call me at my office 347-273-1385.

THIS ARTICLE IS PURELY INFORMATIONAL AND CAN NOT BE RELIED UPON AS LEGAL ADVISE OR CONSTITUTE LEGAL ADVISE FROM THE AUTHOR. To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

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Posted

I am a NY lawyer. I would suggest that you obtain guardianship over your brother if he is actually "mentally ill". If you proceed to simply get letters of administration, the court will appoint a guardian for him as disabled and the guardian will charge. It will be more complex. In addition to charging, the court appointed guardian is not necessarily going to be easy to deal with on the sale of the house, which 4 of you agree on. I would first petition for guardianship, then get letters of administration. You would petition for guardianship in the Supreme Court, and letters of administration in the Surrogate's Court. If you simply refer to your brother as "mentally ill", but he is not legally disabled, there are other ways to proceed.

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