Legal Question in Wills and Trusts in New York

Wills

My father passed away and I'm executor of his will and I don't know what I'm supposed to do first. He didn't get a chance to give me power of attorney before he passed away and I don't know how to execute his will or what I should do first.


Asked on 1/20/09, 10:55 am

4 Answers from Attorneys

Anthony Park Anthony S. Park, PLLC

Re: Wills

Depending on the size of your father's estate (e.g., the value of his assets), you may have to begin a court proceeding to recognize the will and your appointment as executor. Once you have that court authorization, you will be able to close bank accounts, transfer real estate, etc. Feel free to contact my office for a brief complimentary consultation.

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Answered on 1/20/09, 11:01 am
Norman Nadel Norman Nadel, Esq.

Re: Wills

I suggest that you discuss the problem with a probate clerk at the Surrogate's Court in the county where your father last resided. It may be necessary to hire an attorney, but that is your choice.

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Answered on 1/20/09, 11:25 am
Walter LeVine Walter D. LeVine, Esq.

Re: Wills

I agree with Tony. Call the Surrogate's office in the County where Dad resided when he died, and they will walk you through the requirements to probate the Will and being appointed as Executor. Depending upon the size of Dad's estate, you may need a local attorney familiar with estates to assist you, as the requirements to close an estate may get complicated.

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Answered on 1/20/09, 11:26 am
Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

Re: Wills

I know that this may be a difficult time for you. My suggestion is that you contact a local estate lawyer and request a free consultation to get a summary of the probate process. Later, if you decide you need legal representation you may hire the lawyer to help you.

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Answered on 1/20/09, 2:28 pm


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