Legal Question in Wills and Trusts in New York
intestate distribution in the state of new york
my uncle died intestate. his only heir is his sister. he owned no real property. his apartment is now sealed by police. mom wants to enter apartment to see if there is evidence of insurance or bank account. she needs to start a small estate proceeding and fill out a certificate of voluntary administration. is this correct? she paid all funeral costs. who can help us search to see what accounts if any he had and insurance? she doesn't even want to look at his mail because she' afraid he might have debts owed to stores she might be held for. we've been advised all his personal debts that were soley in his name pass with him. is this true? she may want to keep a few momentos from the apartment. then she wants to pay the super to clean everything else out. please advise.
1 Answer from Attorneys
Re: intestate distribution in the state of new york
She needs to see an attorney and file for Administration of the estate. Then as the administrator she will have more rights to deal with his estate. Any property he had goes to his next of kin by state law. Please contact my office or another attorney for an appointment. Good luck.
Bernie Berkowitz, 973-808-2003