Steps after receiving letters of administration from Nassau County Surrogate Court

Estate Planning 3 views 4 answers
MY husband's parents passed away leaving behind a house and no will. He has a sister too. They both decided to file for administration as instructed by the court. He received the letters of administration yesterday. there is nothing but a the house in terms of property and assets. Both parents passed away years ago. they had no debts or money in the bank. The only thing left was the house. What are the next steps my husband should follow. An inventory of assets to be filed with the court? How can we find out if there were any creditors that we were not aware of? also, do we need to file form ET 85 for each parent? One died in 2000 and the other 2011. thank you

Attorney Answers

4
Eric Jerome GoldTrusts AttorneyCalabasas, CACA licensed ·
The most prudent course of action would be to consult with a local attorney. You can try the Find a Lawyer tool or contact your local bar association for an attorney referral. A house is a substantial asset, and you do not want to make a mistake that can cost you additional time and money. The cost of representation is likely going to be worth it.
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Bryan Berson ·
The administrator(s) must file an inventory of assets. They can learn about any creditors by watching the decedent’s mail and seeing what bills show up. When the decedent died, his heirs-at-law (i.e., his children and grandchildren of any pre-deceased children) inherited the real estate. The administrator(s) can sell the real estate. The buyer’s title company will state how the deed should be drafted. A probate attorney and tax preparer can advise on what tax forms should be filed.
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Vjonas Urba ·
Surrogate's Court is not like every other court. A Surrogate does not need to accept any filed paper unless it conforms to the code. Any other clerk will accept whatever a party pays for and files. A Surrogate's Court does not charge for many subsequent filings which other courts charge for but every petition or motion is a separate proceeding. You may find that the time and effort required of doing this on your own is not worth the aggravation unless one of you intends to become a lawyer. There is a New York Surrogate's Court book called the Green Book. Even lawyers who do this every day refer to that book constantly becsuse if you file something and it's not accepted or rejected you will have to keep doing it over till you get it right. Don't you think it makes sense to leave that headache to a lawyer? Google and buy the book, read some of it and prove this to yourself if you still have doubts.
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Sharon Siegel ·
I would suggest that your husband do a an administrator's red to both he and his sibling. This will make selling very much simpler and cheaper in the contract negotiations. The inventory is nothing to worry about.they would simply list the house. Are the letters restricted? None of the issues are complicated or expensive, but I suggest you consult with a lawyer.
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