Legal Question in Wills and Trusts in New York

What is the statute of limitations on an estate account. My mother passed without a will and all of her assets were divided among her children. One brother has been missing from the family for over 25 years. His money is in an account. We have hired provate investigators but they have turned up nothing and have put notices in newspapers. How long do we have to wait before we can divide up the money among the siblings. This is in NYC and it has been 3 years since his money was put into an account


Asked on 2/03/10, 7:37 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

There is a presumption that if someone is missing and has not been heard from for 7 years, they are presumed dead. I suggest that the Administrator for Mom's estate seek instructions from the Surrogate as to what to do, and get an Order allowing the funds to be disbursed.

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Answered on 2/08/10, 12:26 pm


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