Legal Question in Wills and Trusts in New York

NY-death. where to start for finances (no will)?

My father-in-law recently passed

away, in NYC. He was a veteran

(buried at a military cemetery).

To my knowledge, there was no

signed will.

His mother is still alive, but out

of country (so cannot deal with

estate). His ex-wife (my mother-in-

law) would rather not deal with this.

His only son (my husband) would like

to gain access to his remaining

limited funds (small bank account

and a social security underpayment)

to distribute (to a local veterans'

support group that helped his father).

My husband/his son would rather not

have to deal with this (estranged

w/now deceased father), but seems

to be the only person who can...

Where should we start? I assume

that I first need to contact the NY

Office of Vital Records to get a few

copies of the death certificate.

Do we then have to go through

probate? What forms have to be filed

with the county surrogate court?

Or is there a way to find out if there

was already a will entered into court?

Or can we go direct to the bank/SSA

to claim the funds?

Is there a way to find out if he had

other accounts somewhere?

(unlikely he had property)

It is just so overwhelming, not

knowing where to start.


Asked on 5/07/09, 4:15 pm

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

Re: NY-death. where to start for finances (no will)?

Since he died without a Will, he still needs a Probate procedure called Administration. Your H, as the closest next of kin, residing locally as the mother is out of the Country, can apply through the Surrogate in the County where your FIL resided, to be appointed Administrator. Once appointed he can do all things and needs a death certificate to do it. There is a statute covering "intestate" estates (those people dying without a Will) and this plus the forms to get started are usually available at the Surrogate's web site. Usually an attorney is not necessary, but may be of assistance as many things are involved. As Administrator, he can get copies of tax returns (a good place to discover unknown assets), have mail forwarded to him (he may learn about assets by seeing mail) and close out accounts, pay bills and then distribute assets as the statute requires. If you have more questions or need assistance, contact me directly.

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Answered on 5/07/09, 4:43 pm


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