Recent Feedback
my father passed away in the state of new york how do I find out if he had a well or if I am part of his estate.
Unfortunately, there is no central registry in NY for wills. Thus the only way to find out if there was a will would be to contact the clerk of surrogate court in the city where he resided at the time of his death and see if probate has been opened and if it has the copy of the will would be in the file. If no probate has been opened, then as an Heir you can file to open probate and then send notice to all of the other potential heirs and if there is a will someone has to produce it in probate court and if not then as a child you would have an equal share in the estate with any surviving spouse or other children of the deceased.
I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer OR the HAPPY SMILEY FACE. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!
If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.
There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.
You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”
how is this all done as he just passed on 5/5/2012
Typically, the will cannot be filed for 30 days after death and you need to be thinking about getting an attorney now to handle probate and represent you and you can file to open probate and seek to be named administrator of the estate and then let any other potential heirs come to court if they have a will.
Experience: Experienced in Trust and Succession Law, including Louisiana Laws