Legal Question in Wills and Trusts in Pennsylvania
I am receiving an inheritance check of $10,000 from my grandfather who died in early April of 2012. He lived in Ny his whole life and it was a New York will. His attorney contacted me with mail stating that the will was going into probate. I also heard that Ny state wills usually do go into probate when the estate is worth more then 100.000 dollars. Could you explain to me what you think is going on?
2 Answers from Attorneys
You should ask a NY lawyer.
{John}
You need to ask a New York lawyer about probate in New York.
I am unaware of any dollar amounts. It depends on if your grandfather had probate assets justifying probate. If there were no probate assets there is no need; if there are probate assets then of course the estate must be probated. Most states have simplified procedures where a decedent has a certain amount of probate assets - it could be $10,000 or $20,000 - whatever New York law provides. For probate estates over that amount, then the estates must be probated.
When you say you are receiving an inheritance check the only way that could occur is if you were named the beneficiary of a life insurance policy or some other beneficiary designated asset. Life insurance is a non-probate asset and goes to the named beneficiary. Same for things like retirement benefits.
Otherwise, I don't know how you could have received and cashed funds absent probate. If that is the case, you had better stop spending the money in case you have to pay it over to the the estate,
Try re-posting your question and direct it to New York probate attorneys. However, the attorneys are going to want to know the source of the funds you are receiving and if it is from a non-probate beneficiary designated asset or not. You might also want to contact a probate attorney in the county where your grandfather lived at the time of his death as that is where the estate will be probated.