Legal Question in Wills and Trusts in New York

I live in Florida. Decedent lived in NY. Can I open the Estate account in Florida and not NY and if no, why not? I have been appointed Administrtator of his Estate and have received the check from his insurance company, Small Estate. All that is left is to distribute the money, there is no arguement between heirs at all.

BTY, who is going to know where the account is open and who is checking anything anyway???


Asked on 8/07/12, 8:04 am

3 Answers from Attorneys

David Leon David L. Leon, P.C.

The judge will check to see if the court has appropriate jurisdiction or power over an estate. If there is no connection to the decedent, then the court may refuse to rule over estate assets, because the court has no power over them. A Florida court would need some kind of nexus to the decedent to have control over the estate assets. Typically, appropriate venue would be (1) where the decedent lived, (2) where he died or (3) where he owned property.

Dave

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Answered on 8/07/12, 8:11 am
David Slater David P. Slater, Esq.

I assume you were appointed by a NY Court. Unless the court ordered otherwise, I see no problem in opening the account in Fla.

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Answered on 8/07/12, 11:23 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Mr. Slater. Your responsibility to account for your actions as Administrator is with the NY Surrogate. As long as you properly handle the estate in accordance with NY rules and comply with their requirements, it should be irrelevant where you bank.

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Answered on 8/08/12, 10:36 am


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