Legal Question in Real Estate Law in New York

Re: My fathers belongings

I agree with John that you should contact the Surrogate's office in the County where Dad was living when he died, to see what, if anything, has been done. If a Will was filed, you are entitled to see a copy and I suggest you then contact the Executor named in it. If no Will was filed, you and any siblings, or your Mom if she was still married to him when he died, is/are entitled to be appointed Administrator of his estate. The administration would only apply to assets he personally and solely owned, not any asset registered in joint names or having a specific beneficiary designation. As Administrator, you could get a Court Order compelling the girlfriend to return all of his personal property.

Re: My fathers belongings

If your father had a Will, the Will would indicate who the executor is, and it would dictate how his property is to be distributed. The executor would be responsible for your father's estate.

If your father did not have a Will, his next of kin would be entitled to his property. His girlfriend is not his next of kin. His children are, together with his wife, if he was married when he died.

If necessary, you could file a petition with the Surrogate's Court to be appointed "Administrator" of his estate.

Re: My fathers belongings

This is the wrong category for your question. You will get more helpful responses by posting on the trust/wills/estates board.