Legal Question in Wills and Trusts in New York

No estate

My mother passed away recently and really had nothing in her estate. We are not going to probate since there are no assets. I did receive a disability check for her, which was issued to the ''Estate of ...'' for the last payment due to her. How do I cash or deposit a check issue to the ''Estate of...''?


Asked on 9/10/07, 3:56 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: No estate

If there is less then $10,000 in assets the Surrogate's Court has a small estate proceeding that is relatively inexpensive in filing fees and takes care of these problems. If there is no will, she died intestate, and normally it would be letters of administration that would govern the distribution of the estate. The language on the check does not matter.

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Answered on 9/11/07, 8:05 am


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