Legal Question in Wills and Trusts in New York

Letter of testimentary

My husband passed away 12/24/08. I need a letter of testimentary. What do I do?


Asked on 3/30/09, 8:09 pm

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Letter of testimentary

I agree with Andrew. This is a very broad question. You should probably retain counsel to help you with the estate.

Mike.

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Answered on 3/31/09, 8:35 am
Andrew M. Doktofsky Andrew M. Doktofsky, P.C.

Re: Letter of testimentary

If your husband had a will, then it is necessary to commence a probate proceeding in the Surrogate's Court in the county where he resided. The purpose of the proceeding is to admit the will to probate and to appoint an executor (this will be the person designated by your husband in the will). The assets of your husband's estate are then distributed according to the will.

The probate process can be complex and you should have an attorney handle it for you. Please contact my office directly if you would like to discuss your situation further.

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Answered on 3/30/09, 9:16 pm


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