Legal Question in Wills and Trusts in New York
brother passed away 2 months ago with no will. He recently received a check from the IRS refund of 900.00. How can I his brother cash the check and distibute to siblings? He was not married either and had no children. Must I go to probate court and get a court order?
Asked on 10/07/10, 6:50 pm
2 Answers from Attorneys
Rudolf Karvay
Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.
You may need to obtain "small estate letters" from the Surrogate's Court. The procedure is fairly easy. I suggest that you contact the Surrogate's Court in the county where your brother resided for more information.
Answered on 10/13/10, 7:22 am
Walter LeVine
Walter D. LeVine, Esq.
I agree with Rudy. However, if he had other assets of any value, a sibling might need to apply to the Surrogate for an Administrator to be appointed to handle the estate. More facts are needed to provide a complete answer.
Answered on 10/13/10, 12:33 pm
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