How to become administrator over my moms estate even though she is married?

My mom died without a will . She was a married but her husband has
made no steps to settle her affairs. Can I become administrator
without him signing the duties over to me ? She lived and died in
NYC.

Asked on April 22, 2017 under Estate Planning, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can ask the court to appoint you administrator or personal representative (both terms are used) on the basis that no steps are being taken to settle the estate. Only the court has the authority to appoint someone to this role and give him/her the necessary power. In the lawsuit, you would name her estate and him, and you would likely have to prove his nonfeasance, or failure to act, to convince the court to appoint a non-spouse (yourself). You should be able to find instructions about where/how to file from the surrogates or probate court.


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