Legal Question in Wills and Trusts in New York


My uncle died. No one seems to find a will or insutance policy. He has two son's which one is in jail and the othr one pretty much disowned him. He haven't had contact with him over 10 years. He has a woman that his been with over 20 years but never married her. Is she entiltled to anythin? All his money is tied up wih his Real Estates business? Is there a way someone can still run the business without the money being tied up?

Asked on 10/18/04, 10:15 pm

3 Answers from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: probate

Also, in order to run a RE business one must have a RE Broker lic. However, the administrator or someone appointed by same may run it in order to close out the business or find a buyer.

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Answered on 10/19/04, 9:15 pm
Anthony Park Anthony S. Park, PLLC

Re: probate

Dear sir or madam:

Your uncle's woman friend is probably not entitled to any inheritance. To run his business, you must: (1) check his business records to see if he had any succession planning; and (2) if not, get appointed administrator of his estate and run the business in that capacity.

You may contact my firm at [email protected] with any questions.


Anthony S. Park

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Answered on 10/19/04, 10:08 am
Walter LeVine Walter D. LeVine, Esq.

Re: probate

Tony is correct, but with a problem. For an administration (probate of an estate where there is no Will), you must follow the intestacy statute. Since your uncle was not married, the next in line for appointment are his children. You cannot be appointed unless they renounce their right of appointment. The next in line would be parents, then brothers and/or sisters, before you, as a nephew, could qualify. If there are other nieces and nephews (presuming all others have renounced their right of appointment) they are equally eligible to qualify with you. Thus, unless you can find some document giving you the right of appointment, others may have priority. You do not say if you had any connection to the business. If you do, this may give you some rights to operate it while the estate is being settled. I suggest you contact a local attorney familar with probate and administration matters to assist you.

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Answered on 10/19/04, 11:20 am

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