Legal Question in Family Law in New York
My cousin's only brother died . He is unable to gain entrance into his co-op apartment even with a death certificate . How can he get into the co-op apartment to look for important documents like his will and insurance?
2 Answers from Attorneys
Your cousin can petition the court to become the administrator of his deceased brother's estate which would give him the legal authority to marshall of assests and dispose of the estate. This is best accomplished through an attornet.
I do not think Mr. Wade's comment is correct because you do not know if the decedent had a will (that is why you want to go into the apartment). Instead, you have to file a Miscellaneous Petition with the Surrogate's Court to get into the apartment to search for a will. If there is no will, you would then petition to be the Administrator. If there is a will, you would have to follow its terms and conditions as to who is named Executor.
Mike.
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