Legal Question in Wills and Trusts in New York

Re: Estate goes to next of kin?

Read the Will carefully; it should tell you who takes in the event of the death of a beneficiary. If the Will is silent on the matter than the next of kin (closest family defined in the statute) will take.

A non relative identified in the Will can make a claim.

There are no time limits and some times it seems like forever. Aggressive parties can make the procedure move faster (or in contentious cases, slower).

Re: Estate goes to next of kin?

A well drafted will should identify who would receive in the event of the death of a beneficiary(ies). If the will is silent, then the laws of succession of the decedent's resident state determine who inherits.

Yes, a non-relative may make a claim. The validity of such a claim depends on the facts. How long it takes to fully wind up the affairs of an estate varies with each estate. If you are not the Executor then why don't you just call the Executor and talk to them? If you are the Executor, you should consult your attorney for a projected time table.

Re: Estate goes to next of kin?

Your mother needs to bring the will to a lawyer. Once the will is read and your mother's family history established, a lawyer can explain the next move. Any one can make a claim against the estate, but that does not mean it will be successful. The more issues that arise, the longer a probate of the estate will take. If I can be of further help, please call me for an appointment.

Bernie Berkowitz

973-808-2003