Legal Question in Wills and Trusts in New York
death of brother
A friend of mine just emailed me telling me her brother died. He has a car and a safe deposit box and not much else. She has a surviving brother and a mother. What does she have to do to gain access to the safe deposit box and to transfer title to the car (she wants to give it away).
2 Answers from Attorneys
Re: death of brother
If the decedent had a survivng mother, but no surviving spouse or children, the mother would be first in line of inheritance, assuming there is no will someone would have to start an administration proceeding on behalf of the estate.
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Re: death of brother
You may need to petition the Court to have the safe deposit box opened. It is usually locked upon notice of death unless a family member has authorization to open it.
The contents of the safe may reveal additional assets.
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