Legal Question in Wills and Trusts in New York
I live in NY and my father passed away last year and didn't have a will. I would like to find out if I'm entitled to a any proceeds from his estate and wondering if there's a way I can do that?
3 Answers from Attorneys
That would depend on what assets he had at the time of death and who survived him. Consult a lawyer.
Depends on type of assets, how owned (individually or jointly with someone) or if they had a designated beneficiary like life insurance or a retirement account. Closest living relative can apply to probate court for appointment as administrator of the estate.
Please accept my condolences on the loss of your father.
In order to determine if you are entitled to inherit any part of dad's estate, you have to figure out how much money and property your dad had when he died, and if dad's bank accounts or financial accounts or house was owned by him alone, or together with another person, or whether he had beneficiaries on his accounts. And in order to do that, you have to become Administrator of your dad's estate so that you can ask the banks and search around to dad's assets. The way you become Administrator is to file a Petition for Letters of Administration in the Surrogate's Court for the county where dad lived when he died. You can search online for these forms and print them out, or it may be easier to go to the courthouse and pick them up in person and ask for guidance from the clerk when you are there. Of course if dad lived far away from you this is going to be harder, but not impossible.
Once again, please accept my condolences on the loss of your father.