Legal Question in Wills and Trusts in New York
Relative died and was buried as an indigent by county before relatives found. He had one surviving sister. It's assumed he had little of value, but there is an insurance policy that becomes part of the 'estate'. Don't know value yet, but assuming not much. What happens next? Does sister need to get a lawyer? Does she need to be appointed as something by a court before she can request death certificates? And in the meantime, can she throw out things like the food in his fridge, and donate or throw out his clothes and other things of no value? This is an apartment, and the stuff can't stay in there indefinitely.
2 Answers from Attorneys
Who is beneficiary of insurance policy. It may not be part of estate.
As a sister, she should be able to obtain death certificate. She can dispose of perishables and things of no value.
I agree with David. However, if the policy has no named beneficiary who can claim the proceeds or is just payable to the estate of the decedent, sister must apply to the Surrogate in the County where brother died to be appointed Administrator of his estate. She then can file with the insurance company for the policy proceeds. She does not need a lawyer to apply to become Administrator.
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