Legal Question in Credit and Debt Law in New York
Access deceased debts
Is the sister of a deceased brother entitled to money in bank? There is no will and where do you get a list of all his debts that need to be paid out?
1 Answer from Attorneys
Re: Access deceased debts
Not automatically. If there are no other living descendents (like a spouse, other siblings, parents, etc.) you would have to file a proceeding in the surrogates court and eventually, if you are the only heir, you would receive documentation that would allow you to get the funds out of the bank. There is no list of debts...you would have to check his mail for demands by creditors and give them notice of the proceeding. If the amount of money in the bank is significant it may be worthwhile to retain a professional (attorney) to represent you in the proceeding.
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