If my aunt died intestate and my mom pre-deceased my aunt, what are my rights regading the estate?

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If my aunt died intestate and my mom pre-deceased my aunt, what are my rights regading the estate?

My uncle, the brother of my deceased aunt, assigned himself as the executor but he is not coordinating with the other beneficiaries. He asked me, my brother and the other siblings of my aunt for an authorization to sell her real estate. Since he is not giving me details about my aunt’s estate I started distrusting him. He is not giving us any accounting of the estate. What will happen if I won’t give him the authorization to sell?

Asked on January 22, 2012 under Estate Planning, New York

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 9 years ago | Contributor

You seem to be at an impasse with him so you need to get an estates attorney involved to make sure the administrator is doing what is required by law.  If he is not then the attorney may have to bring an action for removal for cause.  Since your trust level is so low, you are going to need to hire an estates attorney to make sure all is done correctly and to prevent losses to the estate.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your losses. First, if your Aunt died intestate then the intestacy statutes in your state will govern distribution.  Now, each state's statute differs on who the beneficiaries will be.  If your Mom pre-deceased your Aunt that is a concern in some states, but I am thinking that if yor Uncle is requesting your consent to sell,it may be fine for you.  Why he is requesting authorization is unclear.  A personal representative of an estate has great power to do what he or she thinks is necessary with out approval from beneficiaries.  I would contact an attorney on your own to discuss looking into the estate. Good luck. 


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