Legal Question in Wills and Trusts in New York

Next of Kin

My mother has a cousin who died in New York City. She is In Florida.

She beleives she in the only living relative. Does she have a right to set funeral arraingments and take care of his estate? What does she need to do to prove she is next of kin? Thanks

Asked on 2/12/08, 12:04 pm

1 Answer from Attorneys

Robert Roemer Robert Brian Roemer LLC
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Re: Next of Kin

Generally, in New York, the person who pays for reasonable funeral expenses has a right to seek reimbursement from the estate or the Court. This is a priority claim against an estate after taxes.

As to proving she is the next of kin and to take care of the estate, she will need a family tree and other documents, especially depending in the county in which your cousin died.

I work in Palm Beach Gardens, Fl. and my associate practiced law in the New York Metropolitan area for over twenty years. If you would wish to discuss this matter in more detail, e-mail your phone number to set up an appointment.

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2/12/08, 1:05 pm

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