Legal Question in Wills and Trusts in New York
a man without an estate
My father-in-law passed away in April without a will. There was no need for one. He had no assetts and lived with my husband and I. We were both his power of attorney when he was alive. Recently we received a check for $2500 from his pension as a death benefit. It is made out to the estate. It doesn't exist. What do we have to do?
2 Answers from Attorneys
Re: a man without an estate
I do not believe the pension firm will change the check, as there are strict rules they must follow. If your spouse is his closest living relative, he/she can simply apply to the Surrogate in the County where your FIL lived, for a small estate administration. If this is the sole asset of the estate, the time and expense will be minimal. If there are other children living, this could get a little more complicated, as all children can be appointed. If it is convenient, they can renounce the appointment, so your spouse can serve alone.
Re: a man without an estate
Ask the pension plan administrator to change the check. If that doesn't work, you can proceed in the Surrogate's Court with a small estate administration (not difficult or expensive).
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