Legal Question in Wills and Trusts in New York

Re: establishing an estate

If wife died without a Will, husband is entitled to be appointed administrator. He must notify her siblings, and if there addresses are unknown, this can be done by public advertising. The Surrogate can handle this. If there was a Will, husband merely probates it and becomes executor. No notice is then required to siblings unless they are beneficiaries under the Will.

Re: establishing an estate

The husband can apply to the Surrogate for tempoarary letters testementary to enable him to collect estate assets and deposits checks in an estate bank account.

The two brothers need not be notified of the estate proceeding unless they were named in the Will.

Re: establishing an estate

Unless the brothers were named as beneficiaries or executors in the will, you do not need to notify them.

If they were named in the Will, you can hire a search firm to locate them. If they still can not be found after reasonable efforts, you can ask the Court to serve them by publication.

Re: establishing an estate

This is a complicated question, but not a difficult one. I will take it one step at a time.

1)the check/money/bequest from the mother to the daughter is now a part of the daughter's estate because the bequest was legally 'complete' when the mother passed on before the daughter.

2) Unless there is a will, the brothers do not share in the estate of the their sister. The estate passes to the husband and her children (for how long was the daughter married? This can be a basis to contest the husband's share).

3) In the absence of a will, the estate passes by law to the beneficiaries (husband and children). If there is a will, the will should name an executor.

I covered most of your question here. There are more parts to this question, but I am not comfortable answering on this limited information.

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