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Hi and welcome to Just Answer.I am Ray and will be the expert assisting you tonight.
Here if these are funds belonging to the deceased persons then yes the estate would need to be reopened here by the court and the funds pass through their estate to the named heirs either by their will or the laws of intestacy if there was no will.
This is not uncommon for an estate to have to be reopened and additional funds passing through probate to the named heirs at law.
The executor or personal representative of the estate would have to reopen the estate and then distribute the funds with courts' approval to the legal heirs.
the will I not sure but when we addressed this problem the man died last and when all was done 500.00 went to his sister inlaw,now deceased. and the rest went to her family. we wanted to know if his family can collect on this unclaimed money?
The estate of the man here if the funds are in his name would have to be reopened.The court would then have to divide up the funds--anything the sister in law inherits would then be forwarded to her estate. The court has to resolve who gets what since the sister in law has deceased.Likely her share then goes to her estate.
You would go back to the Surrogate Court that handled mans probate and reopen it by motion.
Once reopened the court would resolve the distribution of the funds.
I thought that when she died
They would have to pass through Surrogate court since this was inheritance and inventory gets amended as well to include them.
her will would leave all to him.
Here the sister in law would have a share but it goes to whoever she named in the will.
Her share passes under the terms of her will.
would they still have to follow her wishes even though he survived him
Any funds due to either of these folks passes under the terms of their will to their legal heirs.The Surrogate Court would ensure that they pass under these terms to the named heirs under the wills.
The Surrogate Court first determines who the legal heirs of funds are.If some of heirs has now deceased their share then goes under the terms of their will to their heirs.
It does get kind of complicated since there are two estates here.
The botXXXXX XXXXXne is the wills of both control who gets the funds.
The estates would have to be reopened.
her 2 sisters have now passed on. and she only had a few nieces and nephews. so wouldn't his nieces and nephews be left also.
This is the procedure anytime funds appear after closure.
Each sister that inherits a share would then have this share pass under their will or if no will then under the laws of intestacy.
Here are the laws of intestacy that are applied if anyone lacked a will here.
could his nieces and nephews get anything they should be just as close as her nieces and nephews are
It is possible here--the Surrogate Curt decides who the legal heirs are and their shares.If there is no will the laws of intestacy above come into play for those persons.
You are likely going to need a NY lawyer here locally to reopen probate in Surrogate Court where probate was filed.
Lawyer referral in case you need it.
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The judge will have to sort all of this out and there maybe more than one estate involved since so many of these folks have now deceased.
I do appreciate the chance to assist you tonight.It sounds like there will be some funds for all the heirs here.
It is a shame they went unnoticed all these years but it happens sometimes.
I wish you the best here.
thank you for your advice . the estate was over 2 million and all his family side got was the 500.00 for the deceased sister in law now. it doesn't seem fair.
Yes these things can turn out strange and unfair sometimes.Probate and inheritance can be unfair as you state sometimes.
You are welcome , thanks again.
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