November 8, 2017

Question

I am an heir at law (?) due to collect my share of proceeds from two intestate estates
probably 95-100 of each estate`s value is from COOP apt
in nyc
one estate is in the name of my grandparent
the other estate is in the name of my parent
do I have to wait until both are settled (?) or if one is on its way to being settled can I get a partial distribution of at least or at most ... the funeral expenses that I paid and submitted ( I think they were submitted on time ) to the fiduciary of the estate for my parent ?

one thing that is complicating things here is that I dont have a lawyer and the fiduciary of Both Intestate Estates is the PA office ( NY county )
things are moving along at a snails pace by the way ... as both proceedings in both estates were started over 5 years ago
but in grandparents intestate estate case the original fiduciary took ill and or due to advanced age
PA office was granted the right to take over letters of administration around a year ago
I dont see how they both get settled at the same time and I am struggling
to get food stamps and avoid going into shelter ( I have a GAL ) other sibling has
art.81 guardian

Answer

Assuming both estates have separate proceedings in Surrogate's Court, distribution won't happen in either until a Decree is issued - usually after all issues are resolved, next-of-kin and creditors, tax authorities, etc. are cited. As an heir, you should have been provided with notice of the appointment of the Public Administrator as fiduciary - this happens when no one else is eligible or willing to administer the estate. I'm guessing with a GAL and and art 81 sibling, there was no one eligible. You definitely should meet with a Trusts & Estates lawyer, making sure you bring all related paperwork you have. Good luck.


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