Legal Question in Wills and Trusts in New York

Re: No will

You should speak with the administrator of your deceased family member's estate. If you are the sole heir of his or her estate, you will be listed as such in the petition and other paperwork.

If nobody has probated your family member's estate, you should commence proceedings with the Probate Court as soon as possible.

Don't hesitate to contact me if I can be of any assistance to you here in Massachusetts.

Re: No will

If there is no will, then an administrator has to be appointed by a probate court. The administrator is to deal with the Mortgage Company.

If you are not the administrator then they are not obligated to deal with you.

You might have to open a probate file in NY to deal with the transfer of the property there.

If an estate has not been open, then you should contact an attorney immediately. If the deceased lived in NY, you need a NY attorney. If they lived in MA then you can open an estate here. I have an office in NY city and perhaps one of them can help you. Please feel free to contact me if you have more questions.

Re: No will

While both Chris and Jon are correct, you have not described your relationship to the decedent, if any? The intestacy laws of the decedent's State of residence specifies who are the heirs of an intestate (dying without a Will) estate. The closest living relative can apply to be appointed Administrator of the estate and, once appointed, can deal with the property and the Mortgage company. If you have more questions or need asistance, contact me directly.