Check out some similar questions!

niqqie · Apr 8, 2009, 10:43 AM

Hello and good day, my mom died in 1992 at the time of her death she was remarried. Over the years my sister and I have become the administrators of her estate, on the letters of administration it has restrictions that forbid us from selling, transfer, or any money transaction etc. which will stop us from doing any work on the house and/or sell, so we basically need these restrictions to be removed. Ive also gotten the release of lien done and got proof that there is nothing outstanding on the house. I also got my step dad to sign some papers that he has renounced his rights and has no interest in the estate but every time I go to the courts they say it's the wrong paper work and I don't understand what else I need... he has moved on with his life and is planning on relocating if he hasn't done so already. The papers that I have that were signed by him are still valid according to the notary the dates are kind of old like a year old or more but again he has moved on and the times that I tried to contact him were hard so all I have is what he has signed but again it is still valid. I am about to payoff my mortgage and I was told by the bank that they will mail me the deed as soon as they receive the past payment which will be at the end of this month. In doing my research I was told to do a quit claim deed, now with my situation how do I get a quit claim deed if the grantor which is my mom is deceased? And will I still need my stepdad to sign anything else? Being as though I will have the deed. To my understanding once I do a quit claim we become the owners? Please help as I am on my last with this and I am getting frustrated thank you for your consideration.
Regards, Nicole

ScottGem · Apr 8, 2009, 10:57 AM

Was is the estate not closed after 17 years? The administrators of an estate are responsible for finsihing all the buiness for the estate on a timely basis. I don't understand the statement; "over the years, my sister and I have become adminstrators...".

Was there a will? If so, did the will name an administrator or executor? Was the will probated? How did you become admins? Who placed these restrictions on the letters of admin and why? Who were the beneficiaries of the estate?

A lot of what you said makes no sense to me. Generally the admin of an estate has the power to act for the estate as if they deceased.

niqqie · Apr 8, 2009, 11:23 AM

[QUOTE=ScottGem;1653704]Was is the estate not closed after 17 years? The administrators of an estate are responsible for finsihing all the buiness for the estate on a timely basis. I don't understand the statement; "over the years, my sister and I have become adminstrators...".

Was there a will? If so, did the will name an administrator or executor? Was the will probated? How did you become admins? Who placed these restrictions on the letters of admin and why? Who were the beneficiaries of the estate?

A lot of what you said makes no sense to me. Generally the admin of an estate has the power to act for the estate as if they deceased.[/QUOTE

I went to my local court house probate and filed for the administration letter and all administration letter have restrictions just in case there is more people involved in the estate or money that might be owed. The estate was not closed because she died without a will and yes its been that long because I don't make a lot of money plus the apr on the house is at 6% which is way better than mine at 22%. My mom was remarried when she died and with that NY state law states that spouses have rights to assets especially if they died without a will. There is no one else on the deed or any other paper concerning the house. As far as the administrators of the estate we don't have the power because of the marriage.