Legal Question in Wills and Trusts in New York

Help needed regarding my aunt's estate

My aunt passed away in March 2003, my mom is her next of kin, the lawyer who was hired by either my late uncle or my aunt's guardian said there is no will. Since May, i've been trying to keep updated by calling the lawyer, the info he gives,seems vague at best.Everytime i contact him, the conversation is quite short & keeps saying things should be wrapped up soon.To date,i have not received any info ie: accounting or anything in writing about her estate,nor do i know who (if anyone) is the administrator or executor of her estate.The last conversation he mentioned he was going to get approval from supreme court to transfer my aunts funds from the guardian to an estate account.Am i just over reacting and what he is doing is normal? or does something seem unusual? I am familiar with NJ estate laws, but not certain on NY State.Any guidance would be greatly appreciated,Thanks in advance......Karl


Asked on 10/27/03, 3:18 am

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Help needed regarding my aunt's estate

I would go to the Surrogates Court of the County where she lived and check the file to see just what is going on. Your mom , as next of kin, has standing to petition the court for her appointment.

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Answered on 10/27/03, 6:42 am
Arnold Nager Arnold H. Nager, Esquire

Re: Help needed regarding my aunt's estate

Your mother, as heir to your aunt's estate, has standing to administer the estate. She needs to apply to the Surrogate's Court of the county your aunt resided in upon her death for appointment as administrator.

It would be easiest to have an attorney represent her.

Feel free to call me at 914-478-2981. I do not charge for an initial consultation.

Arnold Nager

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Answered on 10/27/03, 8:29 am
Walter LeVine Walter D. LeVine, Esq.

Re: Help needed regarding my aunt's estate

If the person died without a Will, an Adminsitrator should have been appointed, usually the closest next of kin. This can be verified through the Surrogate in the County where the decedent resided at time of death. You need to look at a family tree to determine if your mom has an interest in the estate. For example, if the decedent had no spouse or children, next in line are parents. If the parents are deceased, look to brothers and sisters and their children if any predeceased the decedent. This is where your mom may come in.

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Answered on 10/27/03, 11:02 am


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