Legal Question in Wills and Trusts in New York
My mother passed last week in Bronx NY without a will. My older sister also lives in the Bronx. I live in Georgia. The problem is I would like to have a few of my mother's possessions but with my sister not speaking to me, how do I get them. Also, I believe my mother had life insurance with me as the beneficiary, but again how do I find out when my sister is not talking to me. I know absolutely nothing of my mother's financial affairs. Due to the virus, I am unable to travel to NY unless it becomes absolutely necessary.
1 Answer from Attorneys
Please accept my condolences on the loss of your mom.
If mom's estate needs to be administered, one of you will need to file the paperwork with the Surrogate's Court and be appointed as fiduciary of the estate. The same is true if you can't agree on how to divide mom's personal property. Unfortunately this happens frequently and it can be a lengthy and protracted mess. I wish I had a better solution; if you're unable to complete and file the Petition for Administration yourself, you'll have to hire a lawyer to get this done.
Once again, please accept my condolences on the loss of your mom.