Legal Question in Wills and Trusts in New York
How to establish an estate for a deceased minor
My 16 year old daughter was killed in a car accident. The car was driven by my older daughter. My insurance company has offered a settlement for pecuniary damages (lost wages etc.). They will only make the check payable to my daughter's estate. My daughter was a minor. She had no will, no assets and no bank account. How do I establish an ''estate'' for my daughter so that the insurance co. will release the check, so that I can deposit it and so that I can then disburse the funds to my wife and myself? How do I proceed? What must be done?
3 Answers from Attorneys
Re: How to establish an estate for a deceased minor
File a petition in the Surrogate's Court to have yourself appointed as administrator of your daughter's estate. The administration clerk will help you.
Re: How to establish an estate for a deceased minor
My deepest sympathy. Such a tragedy. If the amount offered is under $25K you can file for a "small estate" in Surrogate Court. VERY EASY-no attys needed. If more, then you must file for "administration" (no will). If you need more info, pls Email me.
Debra
Re: How to establish an estate for a deceased minor
I concur with the other authors. Depending upon the size of the settlement, plus any other assets your daughter may have owned in her own name, like a bank account, determines what type of administration you require. A simple call to the local Surrogate's office will get you the information you need and the requirements to be appointed. If over the limit for a small estate, it is somewhat more complicated, but the probate clerk can walk you through what is needed. In some instances, an administration bond may be required, and the clerk can direct you on this also. My sympathies on your loss.
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