Legal Question in Wills and Trusts in New York

Re: estate blockage

You would have to commence an action against the estate.

Mike.

Re: estate blockage

First, you would need to find out if an estate has been opened in the Surrogate's Court located in the county where the decedent resided. If an estate has been opened, you would then contact the executor or administrator of the estate and make your claim in writing. If no estate has been opened, you will need to petition the court to have an administrator appointed so that you can proceed with your claim. I strongly urge you to consult with an attorney before proceeding.

Re: estate blockage

I agree with the other authors that the claim is made against the estate. Best, as Rudy indicates, is to check with the Surrogate to see if any estate proceeding has been commenced. A simple call will allow you to get all information about Executor or Administrator, addresses, etc., plus if an attorney is involved, his information as well. You do not indicate when the patient died, so if very recently, it may be a few weeks before probate proceedings are commenced. Also, if you have any information on family members, you may contact them as well for this information.