Legal Question in Wills and Trusts in New York
Affidavit of Heirship
My father passed away in 1989. There was no will, and at the time, we (my sisters and I) named my Uncle Executor. We now need (because there is no will) so we are told, an affidavit of heirship. My Uncle has since passed away and I was told anyone who knows us can fill it out. I would like to have my Mother fill it out if this is true. Here is the thing, she and my father were divorced when he died and she does not live in the state of New York (where my father passed away) I don't have anyone here in NY who knew him and I was wondering, can my Mom fill it out in the state of Florida?
Thank you for your help.
Suzanne
3 Answers from Attorneys
Re: Affidavit of Heirship
I do not think they will accept an affidavit from your mother. They want an affidavit from an independent, non related person. Speak to the clerk of the court involved. Good luck.
Re: Affidavit of Heirship
Your mother can provide the document, as long as it is notarized when she signs it. You might also want to get copies of your birth certificates which should also list your father and mother, as additional proof.
Re: Affidavit of Heirship
The afidavit must be from someone who is dis-interested in the estate and will not benefit if the petition to appoint the administrator is granted. The affidavit should spell out that she was married to the decedent and that she was divorced, with a copy of the judgment of divorce annexed.
If you require help, please feel free to call me.
Daniel Clement
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