Professional
legal advice
for $99.

Avvo Instant
Talk to a lawyer

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

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.

Staten Island, NY -

Attorney Answers (6)

Sharon Melissa Siegel

Sharon Melissa Siegel

Probate Attorney - New York, NY
Answered

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.

Richard Albert Luthmann

Richard Albert Luthmann

Probate Attorney - Staten Island, NY
Answered

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... more
Eric Edward Rothstein

Eric Edward Rothstein

Criminal Defense Attorney - New York, NY
Answered

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.... more
Michael Camporeale

Michael Camporeale

Probate Attorney - Staten Island, NY
Answered

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

Louis P Lepore

Louis P Lepore

Probate Attorney - Staten Island, NY
Answered

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... more
Steven J. Fromm

Steven J. Fromm

Probate Attorney - Philadelphia, PA
Answered

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.

Please remember to designate a best answer to your question.

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... more

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.