Legal Question in Wills and Trusts in New York
Uncle died without will, how do we know who claims responsibility for estate?
My uncle died without a will. There are 3 remaining siblings. My uncle's ex-wife has been handling things and has her attorney handling the estate. If there is no will, who legally has the right to assume responsibility of overseeing the disbursement of his estate?
2 Answers from Attorneys
Re: Uncle died without will, how do we know who claims responsibility for estate
An ex-wife has no legal standing to handle the estate. If there was no will, the next in line are children or grandchildren, then parents, then brothers/sisters. You should have the appropriate person/people immediately file to have the ex-wife removed and be replaced by the appropriate eligible person.
Re: Uncle died without will, how do we know who claims responsibility for estate
According to NY's intestacy laws (which govern estates without a will), the estate should be administered, in this order, by: surviving spouse, children, grandchildren, parents, or brothers/sisters.
Since an ex-spouse is not eligible to serve as fiduciary, you should instruct your family to make sure that the appropriate relative takes control of the estate. Feel free to contact my office for a free consultation.
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