Legal Question in Wills and Trusts in New York

My Dad passed away 50 years ago and the cemetary plots (16) are still in his and wifes name..Mom passed away 4yrs ago. The plots are in NJ..they were residents of NY..we live in Florida...Where do we probate and is it worth the cost of probate if noone wants to use them and sell the remaining (12)...In order to sell do we need to probate?


Asked on 8/09/11, 4:46 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Yes, you will need authority to sell. Probate in NY where she lived. I have offices in Fla and NY.

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Answered on 8/09/11, 5:15 pm
Walter LeVine Walter D. LeVine, Esq.

I agree with David, but if value is small, a small estate procedure may be allowed. Check with Surrogate in County where Mom resided when she passed away.

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Answered on 8/09/11, 8:24 pm


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