QUESTION

Does my father need an estate set up?

Asked on Dec 27th, 2020 on Estate Planning - New York
More details to this question:
My grandmother passed away with a will. In the will, everything was left evenly to her living children and also includes this language: "to the issue who survive me of those of my children who predecease me". My father passed away while my grandmothers estate was in probate. Does an estate need to be set up for my dad (less than $50k) or would the money automatically pass to my sister and I? The attorney assigned set up an estate and the money was claimed by the state for back due medical expenses. I want to ensure they handled it correctly and an estate needed to be set up. My father did not have a will.
Report Abuse

1 ANSWER

Estate Administration Attorney serving New York, NY at Damien Bosco, P.C.
Update Your Profile
Because your Father post deceased (died after) your grandmother, his distribution would go to his estate, and eventually to his heirs. So, if your sister and you are his only heirs (presuming he has no living spouse and you have no other siblings), and there is no Will, then you and your sister would inherit from his estate. Someone has to represent his estate to collect the money and distribute the money to your sister and you. Note that if he died before your grandmother, then you and your sister would directly inherit from your grandmother's estate. But since he died afterward, there has to be someone who has the authority to collect the distribution from your grandmother's estate to distribute to his heirs. Because this amount is less than $50k, it could be possible to use a small estate procedure. According to the court's website, the small estate administration is a simplified court procedure available if the person who died (the "decedent") did not have many assets. To do this you need to file a form called an "Affidavit of Voluntary Administration," also known as the "small estate affidavit." Here is a link to the court's website for  more information: https://www.nycourts.gov/courthelp/diy/smallEstate.shtml I hope this helps you better understand the issues. Best regards.  
Answered on Dec 28th, 2020 at 6:26 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters