Legal Question in Wills and Trusts in New York

Re: How To Find Info on estates of a decease mother

You should file for letters of administration with the surrogate's court of the county where your mother resided.

Since there was no will, the estate will most likely be divided as such:

- $50,000 to your father

- 50% of the remainder to your father

- whatever is left is divided 5 ways between the five sons.

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Re: How To Find Info on estates of a decease mother

You can apply for letters of administration with the Surrogates Court in the county where your mother resided. New York law provides for certain assets to pass to the surviving spouse, such as household furnishings, one car not exceeding $15,000 in value, and up to $15,000 in cash. Next, the surviving spouse gets $50,000, plus 50% of whatever is left. The other 50% goes to her children, in equal shares. You will need to give notice to your siblings, and your mother's husband. I would recommend that you contact an attorney who is familiar with estate administration to assist you.

Re: How To Find Info on estates of a decease mother

By dying without a Will, the estate passes by intestacy (no Will). The statutes provide what each living relative is entitled to receive, and that information has been provided. Someone has to apply for Letters of Administration in the Surrogate's Court in the County in which your mother was a resident at her date of death. The husband usually is the first entitled to the appointment. If there are issues, one or more of the children could contest his appointment and be appointed in his place if the Court denies him the right to be appointed.Whomever is appointed must account to all entitled heirs (husband and children) for all assets other than those that might have been registered in joint names. Thus, if both your mother and father only had assets jointly registered, the children might not be entitled to anything. I suggest you retain a local attorney familiar with estate and probate matters to assist you.