Legal Question in Wills and Trusts in New York

NYS Unclaimed Funds

I put in a claim to the NYS Office of Unclaimed Funds, for my deceased mother's unclaimed assets. The only other immediate family member who is alive, is my older brother. He is currently in a forensic psychiatric hospital, but is mentally competent. His he actually the next of kin, and the right to my mom's assets, or can I still claim them too? Thank you.


Asked on 9/20/04, 11:05 am

1 Answer from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: NYS Unclaimed Funds

If your mom had a Will then the Executor can pursue the claim.

If there is no Will then an intestacy proceeding has to be initiated and the Administrator will pursue the claim.

The recovery will be divided as provided in the Will, if any, or by intestacy (you and your brother would share 50-50)

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Answered on 9/20/04, 11:49 am


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