Legal Question in Wills and Trusts in New York

deceased spouse no will or testament

my spouse passed away i was not in his bank accounts want to withdraw the money but he also has 2 properties in the united states.however i do not know where the deeds are how can i obtain them and get the money in the bank?


Asked on 7/02/08, 6:47 pm

2 Answers from Attorneys

Anthony Park Anthony S. Park, PLLC

Re: deceased spouse no will or testament

You will need to probate your spouse's estate to gain control of his assets, including bank accounts and properties. This means going to Court to get the Court's authority to act on behalf of your spouse's estate. Email or call my office for a brief complimentary consultation.

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Answered on 7/02/08, 9:37 pm
Walter LeVine Walter D. LeVine, Esq.

Re: deceased spouse no will or testament

I agree with Anthony. Without a Will, you must apply to the local Surrogate's Court to be appointed Administator of his estate. As such you will have the right to ascertain what are his assets, who is entitled to inherit them (you do not say if he and/you together have any children, who might have rights to part of the estate), pay bills, file final income tax returns and determine if any death taxes may be due and, if so, file the returns and pay the taxes. As to the properties, Deeds are located in the local recording office where the properties are located. For a small fee they will send you a copy of each Deed, if you call them and mail a check. If you need more information, contact me directly.

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Answered on 7/02/08, 10:10 pm


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