Legal Question in Wills and Trusts in New York
Ex-husband died with no will and our son is a minor
My ex husband died without a will and his sisters arrived from Ireland and did not come prepared to arrange funeral (no money)because the situation dragged on almost 2 weeks I paid the funeral bill and got the vouchers from them to claim his property taken by officers from his apartment including cash, euros, checks, bank cards and keys to apartment. They have returned to Ireland. My question is if I apply to be administrator of his estate do I need a lawyer. There will more than likely be nothing left after paying his considerable IRS back taxes, but I do know there may be an account in Ireland that is in his name with my son listed as his beneficiary and his sister as trustee. If I sign on will I be getting into a financial burden or making myself liable for debts I am unaware of other than the IRS by administeing his estate. Also can I deposit his business checks into his business account so they can be claimed for his IRS debt.
1 Answer from Attorneys
Re: Ex-husband died with no will and our son is a minor
Q. My question is if I apply to be administrator of his estate do I need a lawyer.
A. A lawyer is not required but it is certainly helpful.
Q. If I sign on will I be getting into a financial burden or making myself liable for debts I am unaware of other than the IRS by administeing his estate.
A. No. You would not be held personally responsible for the estate's debts.
Q. Also can I deposit his business checks into his business account so they can be claimed for his IRS debt.
A. Good question. Technically, since you are not the administrator you do not have the right to act on behalf of the decedent in terms of the operation of his business. However, deposit of checks is a ministerial task - and you certainly are not removing assets from the corporation. Therefore, I would say that you may deposit the checks into the corporate account.
Mike.
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