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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 37069
Experience:  30 years in civil, probate, real estate, elder law
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My mom left a small estate. My sister applied for administration

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My mom left a small estate. My sister applied for administration and sent me a renunciation which I received the day before she filed leaving me no time to even look over the document. Anyway, there are 6 siblings total and she received administrator. They are all estranged from me and she then made out the affidavit of next of kin and omitted my name as if I had no legal right to a portion of the estate. I contacted the surrogate court and they said to send certified letter letting her know I and they were aware of this and that I would be looking forward to a progress report/issuance of my portion of the estate.
My question is if she does not address this letter, what are the ramifications or next procedure I would take

RayAnswers :

Thanks for your question and good afternoon.

RayAnswers :

I would send the letter to the judge here expressing your concern that the administrator has violated her fiduciary duties by leaving you off the documents and that you have grave concerns about her ability to serve.You can ask the court to remove her and appoint someone else.Either you or one of the other relatives can be appointed.

RayAnswers :

It is not a problem to copy your letter tot he judge to the administrator as well.

RayAnswers :

You have rights as an heir to take this up directly with the judge.

Customer:

I have no problem with her being administrator, but to sign an affidavit leaving my name off? Isn't that a crime?

RayAnswers :

Your sister has not properly served here and has violated her fiduciary duties to list you and keep you informed, etc.

RayAnswers :

I agree this sure doesn't build confidence.Why not raise this with the Surrogate judge.

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And I think you should have a problem with this person it appears she is trying to cheat you out of your inheritnace.

RayAnswers :

Certainly you have valid concerns to take up with the judge.

Customer:

I contacted the surrogate deputy clerk and she advised certified letter to my sister stating what I wrote to give her the opportunity to correct the situation. She is trying to cheat me out of the inheritance....that is the issue because she has an issue with me.

RayAnswers :

I am so sorry you are having to deal with all of this.I know it is hard for you.

RayAnswers :

So then you need to address this to the judge, you can copy the administrator but the judge here can set this for hearing and even remove her.

Customer:

I just wanted to know what the next step is as far as if she does not recognize my letter. Is there further action I can take?

RayAnswers :

But its the Surrogate judge that protects your rights here.

RayAnswers :

Yes write the judge, copy her ..

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The judge has power to set this for hearing and to issue orders, etc.

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Address it to the Honorable XXXXX XXXXX

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Address.

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Case No.23232

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Estate of ....

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Dear Judge Smith,

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I am writing concerning the estate of ...I have concerns that the administrator is trying to exclude me as an heir and omitted me from documents filed in this matter.

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Set out the rest of the facts.Ask that the court set a hearing if the matters are not corrected.

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Sincerely yours.

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Your name

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CC:Adminsitrator

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Something like this feel free to modify it.

Customer:

Okay...let's hope it does not get to that. They do have also a bond to show release of estate payment. does that mean anything?

RayAnswers :

You would have recourse to go against the bond here if you do not get your fair share.

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It gives you a pocket if necessary to seek compensation from the bonding company.

Customer:

Good to know. Thank you for your help.

RayAnswers :

Thanks for letting me help you today.I hope you are able to resolve this.

RayAnswers :

If you can leave positive rating it is always appreciated.

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Take care and have a great weekend.

Customer:

I have one more question on this issue. they paid for my mom's funeral approx. 700.00 each and the small estate leaves an insurance policy for my dad who died 10 years ago to my mom which she did not even know she had. the kids found it and it is part of the small estate. If they deduct those expenses, am I well within my right to deduct the expenses I paid out for my dad's funeral which was the full amount...no one kicked in.

Customer:

Are you still there

RayAnswers :

Yes do you have more follow up?

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Please let me know if you do..

Customer:

I asked the question above about the funeral expense deduction

RayAnswers :

Can you repost it sorry it went off screen.

RayAnswers :

You have a question about funeral expenses--

Customer:

With regard to funeral expenses, my siblings paid 700.00 each for my mom's funeral, however, a policy for my dad, who passed 10 years ago was found that my mom did not cash in which is part of the small estate. Can they take back what they paid out of the estate and if so, can I take back the full amount I paid for my dad's funeral, which no one paid for.

RayAnswers :

You can file and should file a creditor claim for reimbursement for funeral expenses--again address this in your letter to the judge setting out the amount you paid for the funeral and asking for reimbursement. Remember the judge here only knows what you tell him so make sure to include this in your letter otherwise he only knows the sisters version of events.

RayAnswers :

You want to raise the issue here by your letter to the judge.Then she cannot get around having to pay it and address it.

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It would be given priority by the court here once you notice the Surrogate Court about it.

Customer:

Thank you...you have been a great help.....have a nice day!

RayAnswers :

Include receipts or check or anything you have.Thanks again and good luck

Customer:

Thanks again

RayAnswers :

Don't forget to rate, take care.

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