Legal Question in Wills and Trusts in New York
inheritance after death
My mother passed 8-1-05 she left no will, and was expecting a sum of money from passed aunt. my question is this does all her belongings have to be included in the small estate now or can we settle it without the lawyer who is handling the inheritance?
1 Answer from Attorneys
Re: inheritance after death
I am assuming your aunt died first. If the amount that would pass to your mother is more than $25,000 then you cannot have a small estate. If there is only real estate that is passing there is no need to file as each survivor automatically gets their share.
If there is a lawyer handling your aunts estate they must be told and if it is cash they will then require that some proceeding be started, either a small estate or regular administration.
You should seek the advice of an attorney as there is more information that would be required to give a complete answer.
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