Legal Question in Wills and Trusts in New York

I have 2 questions. I have to probate my mom's will and I was named the executor. I already filed with the surrogates court of NY to receive my Voluntary Administration since it was small estate. Now I will have to probate because my mother had a life insurance policy to whom the beneficiary was my dad (passed 5 years ago) and my sister and I being the next recipients of the policy. On the Petition to Probate form, it has a space for Personal Property. Would that be the Life insurance policy check amount? Also what does the "Person (s) who would have a right to letters testamentary pursuant to Section 1412.1 is/are mean? Do I put my name there, my sister's name there or NONE since I am requesting the letters of testamentary. Thank you.

Asked on 11/21/17, 5:48 am

Richard Bryan Richard Bryan Attorney PC

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Yes, the amount of the check is personal property.

Yes, since your sister could also have applied for Letters just as you did, her name goes on that line.

Answered on 11/21/17, 6:03 am

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