Legal Question in Wills and Trusts in New York

Ex husband passed away earlier this year. Our oldest son lived with him and he had full custody. Son stayed in their apartment. He had an older son and mother whom he hadn't seen in over 34 years and rarely spoke with. At time of death our oldest son was 17 1/2. I ended up estate administrator 5 months after his passing and paid all rent and bills on the apartment, and his car insurances. Can I be reimbursed for theses expenses up to the date of appointment and since son is still in the apartment am I responsible for HIS expenses when his Dad had full custody and even the courts and child protective agencies agreed he should not return to my residence or should those expenses be paid out of the estate? The lawyer involved has still yet to get this verified from the Surrogate Court. We live in Upstate New York and also have two other minor children of whom I have full custody.


Asked on 12/28/11, 5:10 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

THIS GETS COMPLICATED SINCE HE HAD OTHER CHILDREN BESIDES YOUR CHILDREN AND DIED WITHOUT A WILL (INTESTATE). SIMPLY, YES YOU CAN BE REIMBURSED FOR EXPENSES YOU INCURRED TO PROTECT AND PRESERVE ASSETS. AS TO PAYMENT OF ONE SON'S EXPENSES, THIS IS DIFFICULT TO SAY WITHOUT KNOWING WHAT SIZE IS THE ESTATE, WHAT INCOME IT PROJECTS AND WHAT BILLS REMAIN TO BE PAID. ALL CHILDREN, YOURS OR JUST HIS, SHARE EQUALLY IN THE ESTATE AND ONE CANNOT BE PREFERRED OVER ANOTHER, REGARDLESS OF RESPONSIBILITY. THIS IS A RESPONSE TO AN INTERNET QUESTION AND THE REPLY IS NOT INTENDED TO BE LEGAL ADVICE OR AS CREATING AN ATTORNEY-CLIENT RELATIONSHIP.

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Answered on 12/28/11, 9:48 am


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