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NYS Estate admin help

 
 
Reply Thu 16 Jul, 2015 07:22 pm
Hello and good day to you. I have several questions that I am hoping you can assist me with. My father passed away a couple of years ago and my mother passed away several years prior to him passing. There are five children. My name is Jason and I am the middle child. We previously went through the admin process with a lawyer. Each of the children signed the admin papers which would have made myself and my older sister the admin to allow for a speedier and fair process. However, the youngest brother and youngest sister went to the lawyer to say they wanted to change their minds about who would be admins for my father's estate. This then stopped the admin process and in addition, at this same time, the lawyer then told us that it would be pointless to have an admin on the estate as she said the property was in foreclosure. This ended the lawyer/client(s) relationship and the admin process. We were refunded the 600+ dollar court admin process fee. *Later we would learn that the house was not in a full foreclosure status! Yet, my youngest sister lied about the foreclosure hearing and court time (she had all my father's mail forwarded to her address) so my oldest sister was unable to attend. This leaves us in the dark with the youngest sister essentially hoarding all of the necessary information we need to move forward.

I am prior military and a veteran and my wife is still active duty so we live out of state. My youngest sister confiscated all my paperwork belonging to my mother and father (insurance, car titles, trailer titles, house bank loan info, etc.) so, other than the two youngest children, no one has any information about the house's property standing. We were told by the lawyer that all property (whether it is the house and land or the paid off items such as the camping trailer, motorcycles, Dodge Ram truck, household items, etc.) is to be 'legally' divided five ways. However, since my youngest sister confiscated all of the paperwork, she feels everything is hers. Since she took the title to the truck she transferred it into her name and now drives it instead of agreeing to that with the rest of us or selling the truck and dividing the profits equally. She has also sold the camper and taken many other items as her own.

In addition, there is also a 50, 000 dollar life insurance policy that was left by my mother for my father. We submitted the claim at MetLife; however the children were not named as beneficiaries. But, since my father passed away we are entitled to the insurance money (to be equally divided between the 5 children). MetLife is prepared to cut the check, however, they need one of us to submit paperwork showing who is the admin for the estate. Will

Questions:

If the youngest sister is successful with naming herself as the admin for the estate (if the court allows for that to happen without the consent of the other children) and she sends that proof to MetLife, will MetLife cut one check for 50,000 or divide it equally between the rightful heirs (all five of us)? *I found money in NYS Unclaimed Funds under my mother's name. I filled out the paperwork and included all of my sibling's information. I did the right thing and we were each issued a check in each of our names for $150.00. Will MetLife do the same or do they just have to cut one check to whoever presents evidence of being the admin on the estate? Also, what if she lies to NYS Unclaimed Funds and fails to list all the heirs to collect the entire 50,000 dollars for herself?

When we initially went through the admin process each child had to sign and agree to who the admin would be. Is it possible for the younger sister to file for admin of the estate without the other children knowing or having a say-so? Keep in mind that she has taken all of our parents paperwork and many other items (my father's truck, my mother's old jeep, household items, camper, motorcycles, etc.)

If she is able to put in paperwork to become an admin without the rest of us knowing and agreeing, will she then be able to send that admin to MetLife, and allow her to claim the entire 50,000 policy for herself? And if she does, what are the legal ramifications of her deceptive behavior?

If she fills out the admin papers for the estate and knowingly (maliciously) leaves the other children off the paperwork as rightful heirs to the estate, then what are the legal ramifications?

She has already taken property without the rest of the children's consent and I fear she is in the process of trying to claim the insurance for herself as well. I also want to know if the property is in foreclosure, but do not have the necessary bank information as everything was taken without our consent. Is there a way to determine the bank and status of the home? The property was listed under Tillman and Patricia Hudson at 1271 Fords Bush Rd Little Falls, NY 13365

MetLife states the insurance money will be sent to NYS Unclaimed Funds office after several years. However, in order to claim the money there needs to be an admin for the estate. If the estate is in foreclosure and has been claimed or sold by the bank then how do we become admin (proof of being heirs) to claim the money from unclaimed funds?

What legal rights do we have to dispute her taking the truck, camper, and other items as her own without family consent and what are the chances of us winning that case against her?

Please help as this has been a very stressful situation. We are appalled at the greediness, lack of ethical behavior, and maliciousness by the youngest sister, whom we have no contact with. Thank you so much. Any helping information will help to ease this burden.

Jason T. Hudson
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jespah
 
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Reply Fri 17 Jul, 2015 05:08 am
@jtillmanhudson,
Get another lawyer and ask him or her these same questions. You are asking for the practice of law here, and malpractice could attach if you are told the wrong thing by anyone on here who does have a license to practice.

Yes, you will likely have to pay money for the answers to these questions. That's what lawyers do for a living.
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