Legal Question in Wills and Trusts in New York

Re: Will and property

SINCE THE wILL WAS NOT SIGNED IT CANNOT BE PROBATED. IF YOU ARE CLOSEST LIVING HEIR (IF SHE WAS MARRIED AND HER HUSBAND HAS QUALIFIED, HE SUPERCEDES YOU) YOU CAN QUALIFY AS ADMINISTRATOR OF YOUR MOTHER'S ESTATE. IF SUGGEST TWO THINGS: (1) IMMEDIATELY NOTIFY THE FINANCIAL INSTITUTION OF YOUR MOTHER'S DEATH, AS DEATH TERMINATES THE POWER OF ATTORNEY, SO IT NO LONGER IS IN EFFECT. (2) NOTIFY THE SURROGATE OF YOUR MOTHER'S DEATH AND ASK FOR THE DOCUMENTS YOU NEED TO QUALIFY AS ADMINISTRATOR OF HER ESTATE. THIS WILL PROBABLY REQUIRE YOU BE BONDED, SO EXPECT THIS WILL BE A CONTINGENCY OF YOUR APPOINTMENT. WHEN APPOINTED, YOU WILL HAVE FULL AUTHORITY TO HANDLE HER ESTATE. ONCE YOU GET CONTROL OF THE ASSETS, THERE ARE THINGS YOU CAN DO TO SEGREGATE FUNDS FOR YOUR CHILDREN, FOR THEIR EDUCATION. I RECOMMEND YOU RETAIN A NY ATTORNEY TO HELP YOU. THIS IS A RESPONSE TO AN INTERNET QUESTION AND THE REPLY IS NOT INTENDED TO BE LEGAL ADVICE OR AS CREATING AN ATTORNEY-CLIENT RELATIONSHIP.

Re: Will and property

My condolences on your loss. Things will go more smoothly for you if you hire an attorney to assist you. The power of attorney is not effective upon death. You should act quickly to obtain a copy of your mother's death certificate, because it will be an essential part of administering her estate.

Re: Will and property

My condolences on your loss.

An unsigned Will is innefective to transfer property.

You should consult a NY attorney to assist you in your application to become Administrator of your mother's estate. Unless she left a surviving spouse, you would have first priority.

You should also contact the major financial institution in writing and by telephone to advise them of her death as the POA is only valid during her lifetime.

If her nephew withdrew funds using the power, you may have a difficult time recovering the funds.

This is an answer to an internet question and does not create an attorney/client relationship. Additional facts might alter the nature of the response.