Legal Question in Wills and Trusts in New York
A set of elderly parents died last year. They had only one child who never married, no offspring. What does the adult child do now, when the will cannot be located, in order to file with the Court, to be named Executor, and have the 'right' to dispose of their property and get their bills paid, instead of this dragging out for years. The lawyer who drew up their will 20 years ago has since died and the law office closed, years ago. Pat Demers, 603-625-4948
2 Answers from Attorneys
Apply to the Surrogate to be appointed Administrator of both estates, if necessary. Administration is a probate roceeding where there is no Will. The complication and why there needs to be two rather than one administration has to do with estate size, and if both left small estates or all assets were joinly owned, only one (the latest to die) may be necessary.
The child does not to be in possession of a will to settle the estate. If a will cannot be located, he or she needs to apply to the Surrogate's Court to be appointed administrator of the estate. An administrator has the same powers as an executor. For more information go to www.nycprobate.com
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