Legal Question in Civil Litigation in New York

Re: will not found

If a will can not be found, New York's law of intestate succession is used to divide the estate. If you believe that your siblings will attempt to you should be certain that your interest is represented by an attorney here in New York.

Re: will not found

I need more information, specifically, did you receive any documents from the Surrogate's Court.

Normally, when an individual dies without a will, he or she dies "intestate". Under NY law there is an intestacy proceeding for an administrator to be appointed by the Surrogate's Court. The administrator pays the debt and distributes the remaining assets to family pursuant to NY's intestacy laws.

If the individual dies and all assets were in joint name with another individual, there is no need for an intestacy proceeding since the property passed as a result of the "joint tenancy". In other words, If father's house was in his and son's name jointly, with right of survivorship, and father dies, son automatically receives house without intestacy proceeding.

Therefore, I would need more information to properly answer your question. Of course, you may directly contact this office for more information.

Mike.

Re: will not found

For starters, there is nothing an attorney from CA can do other than get you a NY attorney to check into it, and act as 'go between' for you, which you shouldn't need if you find appropriate counsel in NY. Feel free to contact me if serious about doing so.

Re: will not found

For starters, there is nothing an attorney from CA can do other than get you a NY attorney to check into it, and act as 'go between' for you, which you shouldn't need if you find appropriate counsel in NY. Feel free to contact me if serious about doing so.