Legal Question in Wills and Trusts in New York

Procedure for Closing an Estate in NY

Mother died 2/1

3 cooperative beneficiaries in their 30's and 40's

Estate opened 3/15, too big for ''small estate''

All obligations have been paid.

Inventory filed 9/15

All proceeds have been distributed

No estate tax is due

2004 1041 is being prepared, no tax due.

2004 1040 final return is trivial, refund is due, waiting on 1099-R from her former employer.

Benefiaries agree to sign receipt and release.

There was a dispute between the HMO and the in-network hospital where she died about the final bill. Hospital has told me verbally that dispute is between HMO and hospital and that they will not try to collect from us. No bill was ever sent. I asked them if they could put that in writing or sign a release and they said that they couldn't.

I am concerned about the hospital changing their mind. Since its been more than 7 months since the opening of the estate, are the receipt/releases from the Beneficiaries sufficient to close the estate and protect us, or do I need to do more.

The options are

1) just receipt/release

2) informal inventory with receipt/release, no decree

3) informal inventory with receipt/releae with decree

4) formal inventory with decree.


Asked on 12/17/04, 2:40 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Procedure for Closing an Estate in NY

My condolences for your loss.

Regarding your question; this is the purpose of the probate process. If the hospital, given notice of the probate process, declines to file a claim within the statutory period, then the estate may be distributed without liability to either the beneficiaries or the trustee.

The hospital must make a claim, or the claim is lost.

You are welcome to a consultation for no fee.

Read more
Answered on 12/17/04, 4:25 pm


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