Legal Question in Wills and Trusts in New York

If there are assets solely in her name you will need to have the Court appoint an Administrator to handle disposition, taxes, if any, and creditors.

I can help I have offices in both NY and Florida and regularly handle estate matters in both states.

I would concur with Mr. Slater and I would add that in New York law when someone dies leaving assets in their name alone, these assets will be distributed to their family members in the following order:

(1) If they have a spouse, the spouse would receive $50,000 plus 1/2 of the assets, and the decedent's children would share the balance

(2) If they have a spouse and no children, the spouse would receive the entire estate

(3) If they have children, but are not married, their children would share the estate assets

(4) If they are not married and have no children, their estate would pass to their parent or parents

(5) If none of the above apply, their estate would pass to their siblings and/or their children (if their parent is deceased)

(6) If none of the above apply, their estate would pass to grandparents, or if they are deceased, to their children, i.e. the decedent's aunts and uncles; and/or and their children; and/or grandchildren; and/or great grandchildren

Please accept my condolences on the loss of your mom.

If your mom had a Will when she died, you would take the Will to a lawyer and ask him or her what you need to do next. The answer is exactly the same in your situation: you need to see a lawyer to help your family figure out what to do. No lawyer can help you by email.

Good luck, and once again, please accept my condolences on the loss of your mom.