My aunt died and had no children, spouse, or parents. She had a will for her assets in New York but also had assets in Italy (cash and settlement of a lawsuit) which were excluded from her will. She has two living sisters and then 6 nieces and nephews of her deceased sister and deceased brother, myself being one of them. She was working with a legal consultant (not an attorney) in New York who is going to file a power of attorney in Italy which will be signed by all parties authorizing me to have power to request the funds from Italy be sent to the U.S. My aunt lived and died in New York State. My question is once the funds do get here, are they required to be distributed under New York State intestate laws? Also, am I entitled to any compensation for acting in this capacity? Is it okay if parties agree for me to take a percentage for doing this service for everyone? Also, who, if anyone, do we report the distributions to once they are made? Per capita or per stirpes?
This is not being done right. If your aunt died a New York domicilliary, you need an NY estate. The court will give you powers to go to Italy. What is a legal consultant? Sounds fishy to me. Your right to commissions in a New York estate is governed by statute. You cannot just take money.
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