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