Legal Question in Wills and Trusts in New York
estate question
How do I find out information regarding my father's estate? He passed away 2 weeks ago and no one notified me. I am the eldest child and my parents were married for 10yrs. He did leave behind a spouse to which he has been married to for maybe 30 yrs. No one will give me any information even though I am still communicate on a regular basis with my Grandfather and Aunt (his father and sister). Any suggestions will be appreciated. Thank you.
2 Answers from Attorneys
Re: estate question
Whether he left a Will or not, someone will apply to the Surrogate's Court to be appointed estate representative, and you will receive notice of the application. I should alert you that even if you receive notice, as a next-of-kin, this does not mean you will be receiving anything from the estate. If there is a Will it controls who gets what as do statutes if there was no Will. If you have more questions, contact me directly.
Re: estate question
There is no requirement under NY law to file a will. A will is generally kept either with the testator, the attorney, or filed with the Surrogate's Court.
If your father had an attorney, I would first contact the lawyer. I would also contact his wife to determine whether he had a will.
If there is no will, the estate would be divided 1/2 to spouse, 1/2 to children.
Mike.
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