Legal Question in Wills and Trusts in New York
Assets: How does one find the assets of the deceased.
1. I need to know how to locate all of his assets; the executrix
and the lawyer are not liberally dispensing information. What
are they legally required to do concerning finding assets and
notifying benefactors.
2. Please explain the following:
All the rest, residue and remainder of my estate, both real
and personal, of every nature and wherever situate, of which I
may die seized or possessed, including, without limitation, all
property acquired by me or to which I may become entitled
after the execution of this will, all property over or concerning
which I may have any power of appointment, and all property
herein attempted to be disposed of, the disposition whereof
by reason of lapse or other course shall fail to take effect, I
give, devise, and bequeath as follows:
To xxxxxxxx, one fourth of my estate, both real and personal,
of every nature and wherever situate.
Thanks in advance for your time in this matter.
1 Answer from Attorneys
Re: Assets: How does one find the assets of the deceased.
Most states, and I am familiar with New York practice, require that the executors file an inventory (a listing) of the assets owned by the decedent.
The Executors can be punished for refusing to file the inventory. Speak to the clerk at the Surrogate's court.
The language says xxxx gets 25% of of the property owned outright (or over which he had power of appointment) by the decedent (after payment of debts and expenses).