Legal Question in Wills and Trusts in New York

Can I file for a Letter of Administration?

I am trying to apply for the 9/11 Fund for my deceased mother. I have been told that I cannot because she was married at the time of her passing and her husband would be entitled. When my mother passed away, she was married. My mother did not have a Will. Not long after her passing, her surviving spouse passed away as well. They have no children together. I am not sure if my mothers husband had any kids anyway. In this situation, am I entitled to file for Administrator of my mother's estate? If my mother's husband had any children, are they entitled to anything? Are they a priority? When my mother passed away, she had AARP Life Insurance in which she named myself and her husband on. Since he has passed, who is next to receive, if any?

Asked on 10/14/20, 5:30 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Please accept my condolences on the loss of your mom.

You have priority to file a petition for Letters of Administration now that her husband is deceased. The husband's estate is entitled to receive their intestate share. One of his children will need to file for Letters, either testamentary or administration, for his estate, depending on whether or not he had a will. You can go forward regardless of what they do however. The life insurance will go one-half to you and one-half to your mother's husband's estate. The executor or administrator of your mother's husband's estate will need to collect the husband's half of the insurance proceeds. In this case most definitely you should have a lawyer handle this. There could be a lot of money involved and now is not the time to be penny-wise and pound-foolish.

Once again, please accept my condolences on the loss of your mom.

Good luck.

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Answered on 10/14/20, 8:17 pm

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