Legal Question in Wills and Trusts in New York

Finalizing a probate in NY Surrogate court
My aunt's husband died in 1993. He had no will. He left a co-op apartment which was under his name alone. The value at the time of his death was less than $50K. (Which under NYS law means that the apartment is all hers) At the time, her son lived in the apartment and my aunt wanted him to leave, so she sued in surrogate court. She was appointed executor of the estate and her son was ordered to leave. Currently the shares in the co-op are under her husband's name. My aunt needs to get a loan against the apartment but she can't because it's not in her name. The co-op refuses to change the name on the shares because a few years ago, the son wrote them a letter claiming he has a part in the apartment, and they are afraid he would sue them.

After some research I understand that she never completed the probate process which would conclude with the final distribution of the estate. I understand that this is done by the surrogate court in NY.

The question is, what is the procedure in the surrogate court to complete this process? I called the court and they said a lawyer would know what to do, but at the moment my aunt has no money at all and she would want to do this herself. She is desperate. Where does she start?

Thanks!

Asked on 10/20/06, 2:47 am

Arnold Nager Arnold H. Nager, Esquire

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Re: Finalizing a probate in NY Surrogate court

There are attorneys who would defer payment of the fee until the completion of probate and collecting the proceeds (in this case the loan).

Answered on 10/20/06, 8:26 am

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