Legal Question in Wills and Trusts in New York

My sister passed away on March 5, 2012 without a will. All of her debts have been satisfied and the only remaining item is her home. There is no mortgage on the home. She has 6 legal heirs, 4 brothers, 1 sister, and a neice. She wanted the home to go to my youngest brother's daughter but never got a chance to have it written down but all six of her heirs are in agreement that her wishes are to be met - none of us can afford an attorney and wanted to know what we could do to make sure the property can be put in our brother's name in trust for our 16 year old neice.

Asked on 8/14/12, 11:01 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Her estate must go to probate as the property must be conveyed by deed.

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Answered on 8/14/12, 5:19 pm
Christopher Mitchell Law Offices of Laurence Kramer, PLLC

Since your sister died without a will you must go to the Surrogate's Court in your county and request an application for letters of administration of her estate. I understand you cannot afford an attorney so perhaps you can try going through legal aid in your county to assist you in completing and filing the appropriate paperwork. If and when granted, the letters of administration grant the holder authority to transfer the property by Deed.

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Answered on 8/17/12, 7:43 am

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