Legal Question in Wills and Trusts in New York
My mother passed last night. She advised what assets there are and explained the type of service she wanted. She had been ill for sometime. However, despite my pleas she never told me how to access anything for her arrangements. She said she didn't have a will, although near the end she indicated that she'd made arrangements. There is plenty money, in two bank accounts, and thousands left in home equity, never accessed in a reverse mortgage. I know that she wanted something for the grands and great grands, but I m not sure what. As far as I know, my mother named no executor. My concern is my younger sister, who was not trusted by my mother or myself. I want her to have what ever she is entitled to. However, I have no idea how to proceed. Moreover, I am not able to communicate with her with out a very nasty episode or fit that she likes to throw. How am I to proceed to obtain the funds for my mothers arrangements and secure her other assets so that they me some appropriate distribution of the assets. If there are any papers they would be in my mothers safe, which my sister secretly secured while I was in the emergency room saying goodbye to my mother. Please advise.
2 Answers from Attorneys
You need an attorney to administer the estate and have a fiduciary appointed. I have offices in Florida and NY. You can call or email anytime to discuss. No fee for conference. Good luck.
If your mother did not have a will, then you should commence an administration proceeding to have yourself appointed administrator of her estate. If you and your sister are the only surviving children, then the estate would be divided equally between the two of you. Also, keep in mind that when the owner of a home subject to a reverse mortgage dies, the mortgage must be paid. Generally, that is done by having the house sold. You can read more about administration proceedings on my website at: http://www.amdlaw.com/Probate/AdministrationProceedings.aspx.
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