Legal Question in Wills and Trusts in New York

Last Will & Testament

My father died in 1993 and we never claimed the insurance money. The money is being held by the state of New York. They are requiring letters testamentary or letters of administration to release the funds. We have lost the will. There were probate proceedings started in 1993 but they were begun incorrectly (the proceedings were for a small estate and we have 60K waiting) so the state knows that there was a will. It is not on file at the courts and no one in my family has the all the pages. What can we do to claim our money?


Asked on 10/02/07, 4:12 pm

3 Answers from Attorneys
Robert Roemer Robert Roemer

Re: Last Will & Testament

I am a Florida attorney affiliated with a New York attorney, now in Florida (with 20 years experience practicing in New York). If the facts are as represented, we should be able to assist in obtaining the insurance proceeds.

We can give you a short free consultation to discuss this matter in more detail. I look forward to hearing you.

Read more
Answered on 10/03/07, 8:47 am
Anthony Park Anthony S. Park, PLLC

Re: Last Will & Testament

You need to complete probate, with a photocopy of the will, if you have one. I strongly suggest that you contact an attorney for assistance for your case, as this is not an easy proceeding. You may call my office for a brief consultation.

Read more
Answered on 10/02/07, 4:22 pm
Norman Nadel Norman Nadel, Esq.

Re: Last Will & Testament

I assume that there is no named beneficiary in the life insurance policy. You can attempt to probate a "loss will". If that fails, you can proceed in intestacy.

Read more
Answered on 10/02/07, 4:24 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York