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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: 28 days ago.Category: Legal
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Answered in 2 minutes by:
3/30/2018
Lawyer: Law Educator, Esq., Attorney replied 28 days ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,388
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?

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Customer reply replied 28 days 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 28 days 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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