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KJL LAW
KJL LAW, Lawyer
Category: Legal
Satisfied Customers: 748
Experience:  Attorney at law Office of KJLLAW
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I need help! I am wondering how a decree of an estate takes

Customer Question

I need help! I am wondering how long a decree for administrator of an estate takes to go through in surrogates court in NY? My father passed away 8 years ago and my mother had a case against the nursing home which was finally settled in April of 2015. My father had no will at the time of passing nor any assets. There was never any probate. Since my mom was appointed administratrix of the lawsuit we thought there would not be an issue with depositing the settlement check. But there was as it looks like no one filed for her to be administratrix of the funds. I have been back and forth with the law firm with emails and calls and runaround that you would not believe. Finally, in early November they submitted paperwork to surrogates court. First they said by December, then by January and now it looks like they had to file additional paperwork the day I checked in with yet another email. I understand the legal process takes awhile but is this normal? My mom has had the check in her possession for almost 10 months and trust me when I say that she is struggling with bills. At this point will the check have to be reissued as well?
Submitted: 10 months ago.
Category: Legal
Expert:  KJL LAW replied 10 months ago.

No attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Good morning, welcome to Just Answer. NY Surrogates Courts are notoriously slow and unresponsive to even attorneys. In my experience they work on their own time schedule and are a separate court than the New York Supreme Courts, they have their own rule and laws, and slower time frames. Your mother and family situation is common regarding the administration, and the payout of the settlement check to your mother, many times the court asks the attorneys to file additional document depending on the settlement order from the court. If the case was settled in 2015 it does not seem like an very unusual time frame based upon your description of the facts surrounding your mothers appointment. You may want to ask the attorneys exactly what document the surrogate court asked to be filed regarding your mother being appointed administrator of the funds. The delay could be in the court processing of the documents themselves. I hope this helped.