Legal Question in Wills and Trusts in New York

Re: legal succesion

Nephews and neices may inherit in New York if there is no Will.

There is no competent authority to determine if there is a Will. A dilligent search of the decedent's papers, inquiry of her lawyer(s) and friends, etc. is required to determine if there is a Will.

The existence of property can be determined from records, bank accounts, insurance companies, review of the decent's financial papers, etc.

None of it is easy, but the searches have to be made.

Re: legal succesion

A will can be kept "for safekeeping" in the County Surrogate's office where the person lived, but like any ordinary document, can be anywhere. Perhaps her lawyer's office, if you know s/he had a lawyer.

If there were never any children and the parents or spouse are dead when the person dies, then assets are split amoung the siblings and their off spring. If there were children who died, assets go to their offspring.

A search through a real estate title company could show mortgages and other encumbrances against the person; searches in the County Clerk under the person's name would show real estate owned. Good luck.

Re: legal succesion

NYS Estates, Powers & Trusts laws provide for distribution of an estate when a person dies intestate (without a will). Basically the �next of kin� will inherit and NYS law provides for succession (spouse, children, parent, etc.)and how the estate will be distributed (how much each would get).

To find out if there is a will, check with the following to see if they may be holding the original: decedent�s attorney, close family friend or trusted clergy, local trust company, trust department of the decedent�s bank, or surrogate court in the county where the decedent lived.

If there is legal access to the decedent�s personal papers, start there to determine what property the decedent may have owned (bank accounts, deeds, etc.). Also, there are other various resources available that can assist in determining if the decedent had property. For example, there are data bases that can be

searched by the public that contain information regarding ownership of real estate, certain personal property, abandoned bank accounts, etc.