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What legal rights and or obligations do I have as Next of Kin under New York State Law? Immediately post death.

Wills And Estates 3 views 3 answers
Example: Money hidden away for a rainy day, found while putting together items to be donated to Charity. I do not know definitely if this money is part of the will, but I am convinced the Deceased had forgotten it was even there. I am not talking about a large sum. I think a couple thousand dollars at most. My question is: as Next of Kin do I have a right to spend say $300.00 of that money without consulting or seeking approval from the Executor, who in this case is my Son? At this juncture, the Will has not been opened, my Son has full knowledge that I will be occupying the Decease's home while I am in town for the Funeral and that my Sister, friends of the Deceased and I will be gathering all clothes and other items for donation to a local charity. Please advise A.S.A.P. Thank You

Attorney Answers

3
Charlotte Key ·
Most wills contain a residuary clause, which states who will receive any property that is not specifically given to someone in the will. Such a clause would cover the money you found in the house. You should not take anything and wait for your son to open the estate. Also, if the will is valid, then the property passes to whoever is named in the will. Being next of kin would not matter.
0 upvotes
Steven Zelinger ·
No, that is not your money, that is estate money. If you need to expend funds for the estate before it is open you would be much better off spending your own money and then notifying the executor of a claim for reimbursement.
0 upvotes
Joseph Pankowski ·
I am sorry for your loss. Any money which you find in the house belongs to the estate. Since there is not an executor appointed, as of yet, the best thing to do is to notify your son of the funds and to keep them in a safe place. Once your son is appointed, then he should deposit the cash into an estate account. To the extent that you expend your own money for estate expenses, you should seek reimbursement from your son once the estate is opened in the Surrogate's Court. Good luck to you and your family.
0 upvotes

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