Legal Question in Wills and Trusts in New York

When a person passes away without a Will, the laws of intestacy of the state of residence will apply. In New York, when a person dies with children, but no spouse, the children are entitled to the entire estate in equal shares. One or more of these children may petition the Surrogate's Court to become the "administrator" for the estate. An administrator has the legal authority and responsibility to comply with the intestacy law.

Attorney O'Donnell is correct. Oftentimes, families forget that large assets like cars and houses may have liens against them. Moreover, liabilities are paid from the estate before the assets are divided among the heirs. First, determine who wants to seek appointment. If the child is an adult and wants to take on handling the estate, he/she may be the easy choice to resolve the parent's affairs.

Before taking on that responsibility, read the information on the New York Court's website. http://www.nycourts.gov/forms/surrogates/probate.shtml

This site includes court forms. If the estate is large enough or if you want simple guidance, consult with an attorney and possibly hire one if necessary.

Also licensed and practicing in New York.