Legal Question in Wills and Trusts in New York

Probate?

My mother passed away last month, leaving a will naming me as the sole heir. She has some investment funds and a house as the main parts of the estate. Nobody will be contesting the will in any way. Does this have to enter into probate? The value of the estate is $400,000-$475,000. What is the easiest way to settle this?


Asked on 6/04/07, 6:15 pm

1 Answer from Attorneys
Michael Moberg Moberg & Associates

Re: Probate?

You would only need to submit the Will to probate if the assets were only in her name. In other words, if the investment funds had a joint owner or a beneficiary named, then whomever is named can claim the asset. If the house is the only asset only in her name, then you can transfer it by operation of law (avoiding probate).

You may contact me directly for a complimentary consultation.

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Answered on 6/04/07, 6:39 pm


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