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My daughter just died, no will, maybe $100 in checking can I…

Customer Question
My daughter just died...

My daughter just died, no will, maybe $100 in checking can I create and escrow account without hiring a lawyer?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

New York State She didn't own a house, rented in NYC.

Lawyer's Assistant: What documents or supporting evidence do you have?

Death certificate, bank statements, overmaxed credit cards

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The death was a suicide. She was 40 years old.

Submitted: 7 months ago.Category: Legal
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Answered in 3 minutes by:
12/16/2017
Lawyer: Gerald, Esq, Lawyer replied 7 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,366
Experience: Over 30 years of experience
Verified

Hello,

I am so sorry for your loss. I can not imagine how hard this must be.

Please bear with me while I prepare a response. I will respond fully shortly. Thank you for your patience.

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Customer reply replied 7 months ago
Thank you
Customer reply replied 7 months ago
Another time. Pressed for time.
Customer reply replied 7 months ago
Need to go to see someone. In a public place. Rather do it at home
Lawyer: Gerald, Esq, Lawyer replied 7 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

NY has a very simplified process for what are called "small estates." You need only fill out a Small Estate Affidavit form. This will allow you access to her bank accounts.

Here is the form:

http://www.nycprobate.com/forms/affidavit-1310.3-relative.pdf

Here is detailed information:

http://www.nycprobate.com/page28.html

You will also notify her creditors that she has passed away and that there are no assets in the estate. You are not obligated to pay her debts. They are the debts of the estate. If there are no funds then the creditors can not collect.

If any debt collector contacts you or harasses you do not respond to them. You in fact can file a complaint against them for violating the Fair Debt Collection Practices Act.

You do not need an attorney for any of this.

I know that this is a difficult time, please do not add to the difficulty by worrying over the debts. They can not be collected on.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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