Legal Question in Elder Law in New York

Mother's account

My mother passed away in NY without a will on 10/10. On 10/9 my sister closed my mothers personal needs account at the nursing home and received a check from the nursing home in the amount of $1400. She also previously took all personal possessions from my mother's room, including diamond rings, which were taken even though my mother objected.My mother had written my a letter on this.

When I inquired of my sister as to whether there was any money in the a/c she said ''about $100''. I recently found out that she lied. When I confronted her, my sister said she felt she deserved the money and rings and refused to share. What is my legal recourse?


Asked on 2/09/04, 6:39 pm

1 Answer from Attorneys
Brenda Mattar Mattar & D'Agostino, LLP

Re: Mother's account

Your Mother's money and her personal property are asstes of her Estate. If she died without a Will, then her Estate passes as per NYS law. If she was unmarried (widowed/divorced) at the time of her death, then her Estate is distributed in equal shares between her children, after all debts have been paid.

You will need to retain an experienced Estate attorney who will bring a proceeding to have you appointed as the Administrator of the Estate. Then you can bring a proceeding to require your sister to account for the money and personal property she took. The Judge will then decide if and how much she has to return to the Estate.

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Answered on 2/10/04, 7:58 am


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