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Help to file for Administration of my Uncles estate in NY state, no spouse or children, he does have siblings in another country
Anonymous5 views3 answers
They want me to become administrator of his estate as I am a U.S. Citizen they are not citizens of US they are seniors and in poor health, can they sign waiver to give me permission?there is no property but he has bank accounts and insurance policy ,please help
Peter John Fiorella IIIProbate AttorneyBuffalo, NY ·
The answer to your question is YES but the key is that all eligibile distributees must consent to your appointment.
The law allows for your appointment under Section 1001(6) of the SCPA that states in part, "Letters of administration may be granted to ... an eligible person who is not a distributee upon the acknowledged and filed consents of all eligible distributees ...".
Mr. Fiorella is correct. Your situation is more complicated than a standard administration proceeding. I suggest that you contact an experienced probate attorney to assit you.
According to Surrogate's Court Procedure act section 1001(1)(f), you are eligible to petition for letters of administration.
the other siblings can sign a "waiver and consent"
since they reside in another country, you may have to give notice to the consul of the country they reside.
it would be best for you to work with an administration attorney who can help you navigate the system here.
