MY COUSIN IN NYC DIED WITHOUT A WILL. I AM ONLY LIVING RELATIVE. I WAS TOLD I CANNOT ADMINISTER HER ESTATE. SHE HAS BONDS/STOCKS,AND OWNERSHIP IN A COOP. HOW DO I HANDLE THIS ESTATE?
State/Country relating to question: New York
Cant get info from her bank. Lawyer said I cant be executor or administrator as I am cousin on maternal side, Please advise how i should handle. Thank you. Chuck
In my opinion the lawyer is mistaken, there is no prohibition on a cousin acting as administrator.You can get a free consultation from some of the NY probate lawyers listed by location at http://lawyers.findlaw.com/lawyer/practicestate/Probate-&-Estate-Administration/New-Yorkhttp://codes.lp.findlaw.com/nycode/EPT/4/1/4-1.1has the code section on intestate inheritance in NY.The property of a decedent not disposed of by will shall be distributed as provided in this section. In computing said distribution, debts, administration expenses and reasonable funeral expenses shall be deducted but all estate taxes shall be disregarded, except that nothing contained herein relieves a distributee from contributing to all such taxes the amounts apportioned against him or her under 2-1.8. Distribution shall then be as follows: (a) If a decedent is survived by:/// (6) One or more grandparents or the issue of grandparents (as hereinafter defined), and no spouse, issue, parent or issue of parents, one-half to the surviving paternal grandparent or grandparents, or if neither of them survives the decedent, to their issue, by representation, and the other one-half to the surviving maternal grandparent or grandparents, or if neither of them survives the decedent, to their issue, by representation; provided that if the decedent was not survived by a grandparent or grandparents on one side or by the issue of such grandparents, the whole to the surviving grandparent or grandparents on the other side, or if neither of them survives the decedent, to their issue, by representation, in the same manner as the one-half. For the purposes of this subparagraph, issue of grandparents shall not include issue more remote than grandchildren of such grandparents.I hope this information is helpful.
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