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Please tell me the type of lawyer I need to help me to become executive of my mother's estate. I need a letter also.
Anonymous7 views4 answers
My mom passed away and I now need to take charge of her finances. In order to do so I was told that I would need a lawyer to write a letter explaining the situation and then get it notarized. There are some other steps, but I will need to discuss the details in person.
Peter John Fiorella IIIProbate AttorneyBuffalo, NY ·
Generally before you start to think about opening an estate, you should review your mother's accounts with a person at each firm or bank to see if you mom named a beneficiary or if the account was in joint names with yourself or another family member. All you need to do is provide a copy of the death certificate.
After that, you can then determine whether to proceed with a small estate proceeding (regardless of whether there is a Will or not) if there are assets individually in your mother's name greater than $30,000 that don't fall into the category of exempt property for the benefit of the family under Section 5-3.1 of the EPTL and there is no real property solely in your mother's name (otherwise, regardless of the other assets, you have to commence a formal proceeding).
If you do not know an estate attorney and are not sure of who to search for on the Internet or .com, I would recommend that you contact the local bar association in the county of your mother's residence to ask for the lawyer referral list. This referral program is a cost effective (cheap) method to briefly consult with an attorney who can provide you with some advice on how to proceed.
Dear New York Heir:
You are probably looking for information about handling a "Small Estate." Start here:
https://www.nycourts.gov/forms/surrogates/smallestate.shtml
If the estate was valued at $30,000 or less, then it would qualify for a small estate proceeding (also known as voluntary administration). If, however, the assets of the estate are greater in value, then a full probate or administration proceeding would be necessary.
You should take a look at the assets that comprise your mom's estate. In doing so, exclude those assets that were held jointly and those for which there is a designated beneficiary. If those assets are no greater than $30,000, then you can handle the matter yourself. It's quick and easy. If the assets have a date of death value of greater than $30,000, then you should retain an attorney here in New York.
Good luck to you.
