Legal Question in Wills and Trusts in New York
No Will....
My Dad passed away from lung cancer. He went 17 days after diagnosis. I have a POA and medical proxy the last few days. I am his oldest daughter. My mother and him are still married BUT have lived states apart for the last 3 years. He didn't have much and my name is the beneficiary on his 401k but what about any checks coming into him now? He got a check from disability the day of his passing. Can my mother (his legal wife) cash those checks? How?? He only has about $300 or so owed to him, so its not much. But what about that and even his refund for the year? Any info helpful. Again he didn't have much- just probably a few checks and his tax refund IF we were to do that. Is any of that legal though? For mom to do?
1 Answer from Attorneys
Re: No Will....
Someone needs to be appointed Administrator of his estate. His legal wife usually is first in line, but the separation may prevent this. I suggest you apply and cite her to she how she reacts. You are the named beneficiary on the 401(k), so it is yours. Any checks issued after thye date of death need to be returned, unless they applied to periods before he died.
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