Legal Question in Wills and Trusts in New York
If your only parent dies without a will
My mother is currently living but we have been estranged for years. I am the only relative she has. To the best of my knowledge, she does not have a will. She does not have much by way of assets, but has/had numerous bills. I have kept a small insurance policy on her (for funeral expenses etc). Does that make me responsible for the rest of her bills, and what is the procedure when someone dies without a will? Thank you!
2 Answers from Attorneys
Re: If your only parent dies without a will
The procedure is Administration; you would be appointed by the Surrogate to assemble and distrbute her property.
You are not responsible for her debts. Only property owned individually by your mother is available to pay her debts.
Re: If your only parent dies without a will
When a person dies intestate (without a will), there are procedures in place. You would be made the administrator of the estate, appointed by the Surrogate's Court in the County where your mother lived.
As your mother's only living relative, you would be entitled to her estate. And bills would be paid from her assets. However, your mother's creditors cannot claim any of the insurance proceeds.
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