Legal Question in Wills and Trusts in New York

Re: all outing notes

I assume that the �note� you mention is a United States Treasury Note or some other liquid asset. If the note was owned individually by your husband it will be included in the estate for administration.

The proceeds of the note may be used to pay the mortgage or for any other appropriate use.

Re: all outing notes

I do not totally agree with Norman. Since your husband died intestate (without a Will) his estate is subject to administration under the intestacy laws, which are the laws that cover estate distributions when someone dies without a Will. These rules get a little complicated when there is a surviving wife and children (you do not mention if there are children of his, with or without you). If the Note is payable to him alone, the proceeds are subject to distribution under the intestacy rules, which allocates the proceeds between spouse and children, depending on the amount involved. A second question is whether or not the Note proceeds can be used, in their entirety to pay a debt (mortgage) that probably also involves you, since you are an owner also. More information is needed about your family situation to give you a better answer. Of course, if there are no children involved, so you are the the only heir, you can use the proceeds any way you wish.