Legal Question in Wills and Trusts in New York
Myself and younger brother were taken away from my abusive parents as children. My brother was then adopted. My father died in the early 90's a few years later when I turned 18 my mother hounded me to sign papers giving up my rights to the house. I never signed the papers and assumed in time that if I were entitled to anything I would be told so. My mother continued to live in the house with my older sister neither of which I or my brother had contact with. I found out a few months ago that my mother died about 7 years after my father. It's been nearly a decade now since my mother died and after looking into things I have found out my older sister is still residing in the house which is still listed as owned by my father. I also found savings accounts of my parents were left dormant until NY state took them holding them to be claimed.
I need to know what can I do now to find out what if anything I am entitled to in regards to the house and any accounts.
I am disabled and live on a fixed income and can not afford a lawyer. I tried the free lawyer service but was told estates and probate isn't something they deal with unless I wanted their help in making my own will.
Thanks for any help
2 Answers from Attorneys
From what you have stated it sounds as if you and your siblings are entitled to equal shares of the assets.
You can file a claim on-line with NY State for the unclaimed accounts. You will need some proof of the account holder's name and last address.
You also may need to do a small estate administration proceeding in the Surrogate's Court located in the county where your mother resided.
Go to the clerk's office for more information.
Arnold is correct, but someone in the family probably has to apply for 2 administrations (probate proceeding where there was no Will); as there are ramifications in both estates - father and mother. The person(s) applying will then be given authority to handle all matters, which include the house and escheated bank accounts. Whoever applies must give notice to the other siblings as they have an equal right to be appointed. This is a simple procedure and may not require an attorney to assist, as the Surrogate can do all administration work, and the forms for the bank account are simple.
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