Legal Question in Wills and Trusts in New York

My mom passed recently and had a living trust with a pour-over will. Outside the trust, she had only a small MetLife life insurance policy with no beneficiary (deceased), and a few shares of MetLife stock received when the company demutualized.

Does New York State allow a pour-over will to be used for a "small estate affidavit" in order to transfer these assets to an estate checking account? I ask because the instructions for the affidavit only refer to "will" and ask for the names of individual beneficiaries (first name, last name, etc).


Asked on 1/23/13, 8:06 am

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

Here is a link to the small estate statute. I am not sure who is named or how much time has passed. If this does not help you, call the Surrogate in the County where mom resided when she died. http://www.nycprobate.com/27225.html

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Answered on 1/23/13, 8:39 am


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