Legal Question in Wills and Trusts in New York

estates

Mom died suddenly no will and other person listed on deed whereabouts are unknown what do I do?


Asked on 7/18/07, 6:44 pm

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: estates

Sorry for your loss. Presuming Dad is not alive or Mom was single, the children can apply to the Surrogate's Court in the County where Mom resided at her date of death, to be appointed as Administrator of her estate. If you are an only child, you seek the appointment, and if you have siblings, they can either be co-appointed or renounce in favor of you. Missing Deed is not a problem. Deeds are recorded and public records. Go to the County recording office where the property is located and someone can assist you. All you need to know if the address and probabloe year she bought the property. A copy of the Deed can be obtained for a nominal fee. If you need more assistance, contact me directly.

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Answered on 7/19/07, 11:04 am
Walter LeVine Walter D. LeVine, Esq.

Re: estates

Sorry for your loss. Her husband, if any, is entitled to first be appointed Administrator of her estate. Administration is probate where there is no Will. Children are next in line to be appointed, either jointly or some can renounce the right of appointment in favor of less than all. This is done at the Surrogate's office in the County where she was residing at her date of death. Deed is no problem either. Simply go to the recording office in the County where the property was located and someone can help you. All you need is the address and approximate year she purchased the property. A copy of the Deed can be obtained for a nominal fee. If you need assistance, contact me directly.

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Answered on 7/19/07, 11:11 am


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