Legal Question in Wills and Trusts in New York

Estates

If a person is a resident of New York State and owns property there but dies in Florida, where do you start a proceeding, New York or Florida. The only issue will be selling the real estate.


Asked on 7/31/07, 12:28 pm

2 Answers from Attorneys

Jack Carney The Law Office of Jack Carney, LLC

Re: Estates

When there is real property (i.e., dirt property) as a part of an estate, only a court located in the state of the property's location has jurisdiction regarding its disposition (assuming it was not in a trust, etc.). Therefore, if the property is the only issue, you will probably want to talk to someone in NY about opening a proceeding there.

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Answered on 7/31/07, 12:42 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Estates

You will need to start a proceeding in the State of death (Florida) but you will need to do ancillary probate proceeding with respect to the property in New York.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 7/31/07, 12:47 pm


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