Legal Question in Family Law in New York
mom has no will
I am the youngest of 5 children. My mother is a 78 yr old widow with no will. She collects social security and really doesn't have anything of value only the mobile home and its furnishings which she keeps immaculant. No money, stocks or other property. She also is on Medicaid. If something should happen to her what are the immediate steps that need to be taken and what happens with her property. You may be asking why doesn't she get a will. Well she does not drive and she doesn't seem to be too concerned which. What can I do to get prepared?
2 Answers from Attorneys
Re: mom has no will
Hi, I am an attorney who can draft a will for your mother. If she does not travel I am willing to travel to meet clients You must stress to her that if she does not prepare a will, then the state law will determine where her property goes. If you and/or your mother would like to set up a meeting with me, I can explain to you in further detail what the process involves.
I also draft health care proxies and powers of attorney, which are important because they allow a person to designate a someone they trust to handle financial and medical decisions in the event they become incapacitated.
Please email me if you would like more information or would like to set up a meeting: [email protected]
Re: mom has no will
To answer your question...when your Mother passes you will need to file a petition with the Surrogates court for "Administration of an Estate" (no will). Your siblings will have to decide who will be the Aministrator.
Once the court appoints the Administrator they will issue "letters of adminisration" to the administrator which will allow them to sell any property in your Mother's name.
The siblings share equally in any monies recvd from the sale after any fees are paid.
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