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Will the public administrator be allowed to sell the deceiced house ?

Baldwin, NY |

They have parties that are oppossing to the probate of the will . The estate asset is completely depleted by litigation . Who is responsible to pay the Estate Administrator ? Who is responsible to pay Taxes in the property ? ( no fund available in the estate asset . ) How would a Public Administrator be beneficial in settling of the estate ? Would the public administrator be allowed to sell the house ? Appx . how long would it take for the situation to be resolve ? According to will the house should not be part of the estate settlement . The will have a claw any one who successfully contest the will get $ 1 . One of the oppossing party ( claiming to be the Daugherty the decided ) is not mention in the will .

Thank you for your time. Very greatful.

Attorney Answers 3


  1. Schedule an appointment with a local experienced probate lawyer to review all your concerns.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  2. It appears that you have some very complicated issues that need to be resolved. I suggest that you meet with an experienced estate attorney and explore your rights.

    This answer does not constitute legal advice and no attorney client relationship has been formed. Before choosing a course of action, it is always advisable to seek the advice of an attorney in your area.


  3. You have a multitude of issues, here and there is no way to address them all without more facts. I will touch on a couple of them, though. I do not know how the Will could refer to a house and indicate that it is "not part of the estate settlement." If an asset is titled in the decedent's name alone, it must pass through probate and it would be part of the estate. The no contest clause may not be enforceable, if there is probably cause to contest the Will. The issue of the omitted heir depends on the terms of the Will. If the person was expressly excluded, you have one result. If she simply was not mentioned at all, there would be a completely different answer.

    I agree that you have too many things going on here to get a clear picture without actually meeting face to face with a lawyer.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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