Legal Question in Wills and Trusts in New York
my sister won't give us details about our father's remains or estate
2 yrs ago my father died at my sisters house in maine.we know she had him creamated.she won't however give of us remains for burial purposes or details of his estate.he was a life long resident of ny state however.his estate wasn't gigantic.but it was substantial.things like our mother's remaining life insurance and bank accounts.the proceeds from sale of home which is still not paid for entirely.his bank accounts,etc.she has sold her home and bought a new one since and refuses to contact us to discuss this.any help would be appreciated.thank-you for your time.
2 Answers from Attorneys
Re: my sister won't give us details about our father's remains or estate
If he resided in New York at the time of his death (that is his home was in New York) the estate is administered in the Surrogate's Court in the county in which he died. As a child, you would have gotten notice of any court proceedings and given an opportunity to participate.
If he resided in Maine you had best consult a lawyer in that state.
Re: my sister won't give us details about our father's remains or estate
My condolences on your loss two years ago.
This is not an unusual situation and can be remedied in a number of ways.
As a child and, therefore, a natural object of his bounty (that is the legal phrasing of the idea that you had a right to expect to inherit something), you have a right to notice of any surrogates court proceedings.
You can write to the surrogates court (address can be found on the web at 'ny unified court system') and get a copy of his will and any other documents filed with the court. This would include 'an accounting'. This 'accounting' is a list of all of his assets at the time of his passing and what happened to the assets.
After you receive the accounting and will, then you can decide on a folow-up action.
You are welcome to a consultation for no fee or to just ask a few follow-up questions by email.
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