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New York State - I have a email/letter that I would like to…

Customer Question
Good morning, Lawyer's Assistant:...

Good morning,

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

New York State - I have a email/letter that I would like to forward to you for your consideration - Is there an email address I can forward it too ?

Lawyer's Assistant: What steps have you taken so far?

Just received the email and have not responded to it yet - I wanted to consult with someone before engaging the sender

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

Yes, My mother Sarah McLawler passed away in September of 2017 - She was an entertainer - the email I’ve received refers to royalty payments due to her estate and I’m not knowledgeable on how to handle these issues

Submitted: 3 months ago.Category: Legal
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Answered in 2 minutes by:
3/30/2018
Lawyer: Law Educator, Esq., Attorney replied 3 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,828
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What is your specific question for us? Have you filed to open probate yet in Surrogate court?

Ask Your Own Legal Question
Customer reply replied 3 months ago
I have not filed to open probate in Surrogate court - I’m not knowledgeable in this area - I guess I need to know how and what are the procedures ?
Lawyer: Law Educator, Esq., Attorney replied 3 months ago

Thank you for your reply.

Okay, so in Surrogate court it depends on the total assets of your mom's estate (all property and bank accounts that did not have named beneficiaries). If she had $30,000 or less in property, then you can use the small estate administration process. See: https://www.nycourts.gov/courthelp/diy/smallEstate.shtml

If her estate is valued at more than $30,000 total, then you need to file a probate petition. See: https://www.nycourts.gov/courthelp/WhenSomeoneDies/probate.shtml and you have to go through court probate. If there is more than one heir or you are uncomfortable filing the forms listed at the site at the link above, then you would need to get yourself a local probate attorney to assist you in pursuing probate on the estate. You can get a local probate attorney at the same site used by other attorneys http://www.hg.org

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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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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