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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118723
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Ny, I have/'had a friend live with me for over 20 years he

Customer Question

JA: What state are you in? It matters because laws vary by location.
Customer: ny
JA: Has anything been filed or reported?
Customer: I have/'had a friend live with me for over 20 years he passed away He filled out a Douable Power of Attorney and had it witnessed by 2 people
JA: Anything else you want the lawyer to know before I connect you?
Customer: A cop is coming to my house today and wants documentation - i don't think i should talk to him - the person family has threatened to sue
Submitted: 5 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
A Durable Power of Attorney is to represent someone during the time they are alive and once the person dies, the power of attorney dies with them and a will or trust is necessary to continue to act to represent the estate of the person. At this point if the police are coming you need to inform them you want an attorney and you will only speak to them with an attorney. You MUST get an attorney at this point, because unless there is a will or trust naming you heir or executor or trustee or beneficiary, you will not have any rights to your deceased friend's estate after death just based on having the Durable Power of Attorney.
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Customer: replied 5 months ago.
There is a box on the DPA that says estate transactions and it is checked
Customer: replied 5 months ago.
This does not mean executor - there is no will
Customer: replied 5 months ago.
Can you call now not in an hour and talk throught this
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
No, that means his estate transactions while he is ALIVE, so once he died, his estate needed to be filed for probate in the Surrogate Court and a proper estate administrator named. Also, if there is no will specifying who the property and assets of the estate go to, they go by law to nearest next of kin.
Customer: replied 5 months ago.
He wrote out on a piece of paper where he wanted his property to go and had a friend sign as a witness does this hold up
Customer: replied 5 months ago.
Do they have to do the probate before the propoerty is given to the next of kin
Expert:  Law Educator, Esq. replied 5 months ago.

Thank you for your reply.

New York recognizes handwritten wills only in there very limited situations: 1) By a member of the armed forces of the United States while in actual naval or military service during war or other armed conflict in which members of armed forces are engaged. 2) Person who serves with or accompanies an armed force engaged in actual military or naval service during such war or armed conflict. 3) Mariner while at sea. To be accepted as a handwritten will, the making of the will must clearly be established by two witnesses.

They do not have to complete probate before the property is surrendered, however, they must open probate in the surrogate court and an administrator must be named who would be the person responsible for getting all of the property of the deceased together to pay bills and make distribution.