How do I contest a administrator being appointed to my fathers estate? Is there a sample form I can follow if I am pro se?
I need to object to my fathers wife being appointed as administrator of his estate, but cannot afford a lawyer, can someone direct me to a sample objection? She has been married to him less than 6 months and married him on his death bed. I believe She has already lied in legal documents about the estate accounting.This is the 2nd husband she has done this with. Can I have a lawyer take fees from his estate to represent me?
I would suggest a different approach to the answers provided herein due to the fact that this is an administration proceeding (no Will).
My approach would be for you to file an Administration Petition as a child of the deceased (versus filing an objection which is used in probate proceedings) seeking your appointment as Administrator with additional relief of deny letters be issued to your father's spouse upon the grounds of fraud and duress, and then, in the alternative, seek the appointment of the Public Administrator (based upon the expectation that a cross-petition for administration being filed by the spouse).
Because you do not have standing to petition first (spouse is first), the court will issue a citation to her. All of your father's other children will need to sign consents for the relief you are requesting.
Last, time is of the essence as the spouse does not need your consent or any other child's consent as she would have priority for the issuance of letters as the law only would require her to put you on notice by a simple notice of administration.
If your father's wife has not as yet been appointed administrator, then I don't understand why she would have already filed an accounting. If she hasn't yet been appointed administrator, your objections can suggest such things as improvidence, want of understanding, substance abuse, or drunkenness. If you want to be administrator, you need to know that you may have to post a surety bond. It sounds to me like there's a bunch of things you haven't considered. I'm sorry to sound so discouraging, but preventing a surviving spouse from becoming administrator is tough enough without first having to learn the law.
Good luck to you.
Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as rendering legal advice involves the ability of the attorney to ask appropriate questions of the person seeking such advice and to thus gather appropriate information. In addition, an attorney/client relationship is formed only by specific agreement. The purpose of this answer is to provide the questioner with general information, not to outline specific legal rights and remedies.
If his wife has filed a petition to be appointed Administrator of your father's estate she cannot proceed without the consent of all your father's heirs at law (which includes you and your siblings, if any) or, in the alternative, serving you and your siblings with a citation compelling you to appear in court at a specific date and time to state your objections. When you are served with the Citation you should appear and inform the Court that you object and that will prevent her from proceeding, at least for the time being. I highly recommend, however, that you consult with an experienced attorney to review the issues or appear in Court with you. If there are assets in the estate and the attorney you hire can get you appointed Administrator, then his or her legal fees can be paid by the estate.
Disclaimer: This response is based solely upon the limited information provided in your question; additional facts may be necessary and may lead to a different response. The attorney responding to this question is licensed only in New York and this response is intended for informational purpose only and not intended as legal advice in your particular state. Additionally, the response is not intended to create an attorney client relationship.
Asker
Thank you. We have appeared in court today because I wouldn't sign the waiver for her, and she wanted the estate closed out and submitted an accounting that I know is very very wrong. The judge gave me a 15 day adjournment to file an actual objection but I don't know how to find one, and making less than 300 a week I cannot afford an attorney
Did your father have a will? If so, is she a named executor in the will? If no will, has she filed a petition to probate the estate? A lawyer can charge the estate if you are appointed as the administrator instead.
Asker
No, there was no will {or so she says}. After my biological mother passed away unexpectedly my father and I spoke about him having a will an I believe there may be. She has filed the petition to be appointed administrator. I refused to waive my rights so we had to appear in court today and the judge adjourned it and gave me 15 days to file an objection.
Try to hire a lawyer to help you object. Shouldn't cost much.
Asker
She has already filed to be administrator...we were asked to sign a waiver and refused an were told a hearing would e held if we did not....it wasn't....now she is trying to close out the case.