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Subsidized co-op

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Basically, my sister passed away recently and left a co-op apartment which has equity. When I tried to return the keys and sign over the apt. to the administration they refused the keys and told me I had to get letters of administration and testimony from a surrogate court which I do not want to do because I live miles away from the co-op. Can the co-op admin. force me to do this and if not, what transpires; am I under ant legal obligation to do this? thanks

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Basically, my sister passed away recently and left a co-op apartment which has equity. When I tried to return the keys and sign over the apt. to the administration

 

What exactly did you think you might be doing ("sign[ing] over the apt") since you apparently have no legal rights or interest in the apartment?  It would be a little like me trying to sign over Bob Hoskins's or Jack Ramsay's house to you.

 

 

 

[some employee of the co-op] administration . . . refused the keys and told me I had to get letters of administration and testimony from a surrogate court

 

Since the apartment isn't yours, of course that's correct.

 

 

 

which I do not want to do because I live miles away from the co-op.

 

I don't understand your reasoning -- i.e., why does the fact that you live some unstated number of miles (you didn't state a specific distance, but you apparently live close enough to make personal visits) from the apartment have any bearing on your desire or reluctance to probate your sister's estate?

 

 

 

Can the co-op admin. force me to do this and if not, what transpires; am I under ant legal obligation to do this?

 

No, you're not legally obligated to do anything.  If you have no interest in whatever assets your sister may have had (including the apartment), you're free to do absolutely nothing.  Of course, if you do nothing (and if no one else steps up to probate the estate), then you will have no right to any of your sister's assets or do do anything with respect to "sign[ing] over" the apartment.  Moreover, if you take possession of any assets without ensuring that all of her debts have been paid, you could be held liable for her debts up to the value of any assets received.

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Basically, my sister passed away recently and left a co-op apartment which has equity. When I tried to return the keys and sign over the apt. to the administration they refused the keys and told me I had to get letters of administration and testimony from a surrogate court which I do not want to do because I live miles away from the co-op. Can the co-op admin. force me to do this and if not, what transpires; am I under ant legal obligation to do this? thanks

 

Yes, the co-op admin can and will insist that you get letters of administration or they just won't give you the time of day, or the money.

 

Your reference to "subsidized co-op" and "surrogate" court leads me to suspect that the co-op might be in NY.

 

I went through the same routine with my mother's co-op in the Bronx when she died.

 

If you want the money, you'll need your letters of administration from the court so you can deal with the co-op. You will also need an estate checking account and a TIN from the IRS because the co-op is likely to make the check out to The Estate Of... and you won't be able to deposit it without an estate account and TIN.

 

I suggest you visit the surrogate court and get the small estate packet of forms and instructions.

 

If the co-op is in NY, there are several resources in the following search result that might be of help to you.

 

https://duckduckgo.com/?q=ny+small+estate+administration

 

Bottom line, though, if you are willing to walk away from your sister's estate without a nickel, you have the option of doing nothing.

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