Legal Question in Wills and Trusts in New York
Successor Executors
A first cousin, once removed died in 1985 in NYS. My father was listed in her will as Executor and only heir, and my brother as an alternate or successor executor. She left a small estate ($10,000) and my father was appointed Administrator, therefore the will did not have to be fully probated at the time. Both my father and brother are now deceased and another relative has left this cousin an additional sum of money. I have been told that this estate must now undergo full probate, even though it would still qualify as a small estate under present law (less than $20,000 in value). This can cost almost as much as the asset coming into the estate. I am named as Executrix in my father and brothers wills. Can I apply to be the Sucessor Executrix for this cousin? Other than the Probate Application, and death certificates for everyone involved, what other types of forms would I need? Thanks for whatever help you can offer.
2 Answers from Attorneys
Re: Successor Executors
First, if the cousin's will does not indicate "and to his heirs if he dies before me" , then the money goes back into the residual of the cousin's estate and does not pass to your father or you.
Yes, you are eligible to be named as the executrix of the cousin's estate.
Your information is inaccurate. Your father & brother's wills do not have to be probated in this situation, only the cousin's if it exceeds the NY statutory minimum.
Please discuss this with a professional in this particular area of the law. It should cost a max of 1500 for this 20,000 estate for legal and court fees.
You are welcome to a consultation for no fee.
Re: Successor Executors
You would apply to be named as "Administrator CTA with the Will attached" of your cousin's estate. Essentially, the paperwork must be filled out and a bond provided. This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns.
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