NY probate law what is the procedure for dealing with a Will dispute amongst family members

Hire a probate attorney to handle everything or if the son's are fairly business savvy, have common sense, and have time to take off of there jobs occasionally, they could do it themselves but an attorney is usually the better option. tiekh@yahoo.com Probate Researcher

Since your sister-in-law died without a Will, the laws of intestacy apply. Assuming that she had no surviving spouse, one or both of her children would need to get appointed as Administrator of her estate. The estate would then be split between the two sons each getting one-half. I have included a link to an article discussing "Dying Without a Will in New York."

I am sorry for your loss. A probate attorney is likely going to be very helpful, because the family is fighting already. In the instance when family can work together toward the common goal of dealing with the estate assets, perhaps legal counsel is not needed. But here, going to a probate attorney to guide through the process may be the best advice because the two children are not able to work together.

Good luck to you.

I recommend that to get an attorney, you shoud contact your local state or city bar association for a referral to an attorney experience in estate and probate matters.

Good luck to you.

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Who is "first born" has no bearing on who becomes the administrator or executor under New York law.