Legal Question in Wills and Trusts in New York

Re: died without a will

If your father-in-law's sister owned the apartment in NY, you will probably have to initiate a Court procedure in NY (either probate or administration, depending on whether you find a will). Feel free to contact my office for a brief complimentary consultation.

Re: died without a will

Your father-in-law needs to visit the surrogate's office in the county where the sister lived when she passed away. They will be able to provide him with the paperwork to apply for letters to administrate her estate. You will need to look for her will everywhere possible to determine if she had a will. Only the person who passed away would know if they had a will unless they entrusted another person with that information. Most people should, if they are wise, have a letter of instruction with their personal papers that states where all important papers are held and what they own, who to contact (like accountant, life insurance providers, etc.) in the event they pass. If the sister had an attorney who may have drafted a will for her at any time, you may want to contact him or her to see if they have any knowledge of a will. If no will exists, any property she had will pass according to the laws of intestacy (laws of each state that say how property passes when there is no will). It is best to start by inquiring of your local county surrogate's office for assistance.

Re: died without a will

I agree with Tina but suggest if you cannot learn if she had an attorney, your FIL place a legal ad in a local paper where she resided, inquiring if anyone knows the whereabouts of a Will for his sister. FL probate (where there is a Will) or Administration (no Will) is quite complicated and requires that a FL attorney be used. Administration is more costly than probate, as fiduciary bonding is required. However he is appointed, the FL matter needs to also gbe registered in NY, since she owned real estate there also, and the legal representative of her estate will also have to deal with the NY property. If your FIL needs help or a recommendation of a good FL estate attorney, contact me directly.