Legal Question in Wills and Trusts in New York

Re: NY estate with next of kin in NJ

Possibilities. If there was no original Will, either of 2 things can happen: (1) the executor named in the Will can apply for administration with the Will annexed. This is like an administration, but the executor is required to carry out the terms as expressed in the Will. If this is not permitted, a regular administration is required. For this, as the closest next of kin your mom could qualify. She would then be required to administer the estate as if there were no Will, which would follow NY's intestate statute. As the closest next of kin your mom would be entitled to the entire estate. I suggest having an attorney contact the person with the copy of the Will to see how they are going to proceed. If they refuse to indicate when and how, your mother should apply to be administrator.

Re: NY estate with next of kin in NJ

I am sorry for your loss. The delay has made the situation more difficult. I can make a couple of suggestions:

1) The guardian must file a 'final accounting' of the aunt's assets.

2) The assets are then a part of your aunt's 'estate' and an 'executor' of that estate can be apointed. Any 'interested person' (blood relation or person named as a beneficiary in the will) can be named. Or one of the 'interested persons' can ask that an attorney be named.

3) the process then begins.

I am unclear whether the will can still be entered into probate (usually copies are signed individually or include language to permit entering it as a 'legal original' or is in the handwriting of the deceased. My point is that often an exception can be found to the rule and the will entered. As an alternative, an administrator can be appointed to implement the provisions of the will without entering it. There are ways to respect your aunt's wishes. This part is the job of your attorney.

If you do not wish to go this route, then your aunt will have passed 'intestate' (without a will). The estate will be distributed according to the laws of the state. In this case, your mother inherits the entire estate.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

Re: NY estate with next of kin in NJ

The generally preferred person for the probate to court appoint to administer an Estate is the next of kin. The fact that no one has yet "gone" to probate this matter is an unusual delay. I see no reason why your mother could not appear and file the necessary papers herself.