Legal Question in Wills and Trusts in New York
No will left
My mother recently passed, has a surviving spouse. His name is not on any of her assets. What happens now and if an attorney is hired by one of the surviving children is he obligated to check to see how many survive or just take their word for it?
1 Answer from Attorneys
Re: No will left
No will means that your mother died intestate. Under statute, a percentage goes to her spouse and a percentage goes to her children.
Usually either the spouse or a child would petition the court to become the administrator. The petition accounts for and is sent to all individuals that receive a percentage of your mother's estate. The petition is signed under oath. The petition is also a public record.
Therefore, to answer your question, the attorney would ask the client about the identity of all individuals that would receive your mother's assets, prepare the petition, have the document signed under oath, and send a copy of the petition to all the individuals named in the petition.
Mike.
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