Legal Question in Wills and Trusts in New York
My husband died tragically without a will. I have hired a probate lawyer. Just learned that my husband's adult sons from his first marriage are entitled to 50% of the estate after my first $50,000. They are sole beneficiaries of his IRA investment accounts that are close to $400.00 My probate lawyer's legal assistant sent Waiver of Citation, Renunciation and Consent to Appointment of Administrator forms to my stepsons. What happens if I choose not to administer my late husband's estate? Since our bank accounts are frozen and he did not put my name on any accounts, I cannot pay household bills (water, electric, phone, tv) I cannot sell his 7 motorcycles and 5 cars until I am appointed administrator. Thinking that all the work I have done this far and the cost of the lawyer's hours will never help me. What happens if I chose not to become the executor of his estate? Answer please, when you can.
2 Answers from Attorneys
If he had no will, there is no probate. His estate is administered via the intestacy statute If you chose not to administer, his children can. Expenses come off the top of the residual estate.
In NY, you own the cars automatically. Contact the DMV.
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