I am executor to my aunt's estate. She is 101 years, lives in Brooklyn, N.Y. and she had a will but upon visiting her last year (I'm in California) we were unable to find it. Without the will, I've been at a loss as to how to prove my identity as well as avoid probate. I have been reading about Payment on Demand or Transfer on Demand. I've heard that TODs aren't valid in N.Y. So, how would I go about setting up a DOD. I went to a branch of her bank and they had no idea of how to handle this. By the way, she has other accounts as well but I believe those are joint accounts between my brother, my mom(recently deceased. ? I'm sure that I'm going to have to get a lawyer but do I get one here or in New York?
1 Answer from Attorneys
Probate isn't as big a deal in NY state (I am a CA lawyer but was executor of my father's estate) and the fees are hourly, not statutory. But you (or your aunt if she is still able) should consult a NY lawyer.