Pulaski, NY Estate Planning Law Firms & Lawyers

Yes, if an estate needs to be opened. Often, it does not. Whether it does in your case depends on whether or not there were assets titled in the father's name alone. This is relatively unusual. If there is a Will, it provides for the order of priority in acting as PR. If there is no Will, then State law does so.

You must consult with an attorney that handles estate planning matters. It shouldn't hurt you financially in taxes. You just have to have the work done properly.

Hello. My name is Damien. I am a Trusts & Estates attorney in New York City practicing in the New York City metropolitan area.  Without a will, when the last of the parents die, the siblings inherit equally. Grandchildren do not inherit when their parent is living who would inherit. If the siblings do not agree on who will represent the estate or upon the split of specific assets, the court could decide who represents the estate and the split, which could also include a sale of specific property wherein the proceeds would be split among the siblings. Each party would be responsible for their own legal fees or could challenge legal fees being deducted from the assets of the estate if the personal administrator deducts fees from the estate, or attempt to claim legal fees should be paid from the estate due to them benefiting the estate. Separately, when the first parent dies without a will, the children could have a right to inherit at that point also. See section 4-1.1 of the Estate Powers and Trust law. If you need any assistance, a New York Trusts & Estates Attorney could help you.