QUESTION

How do I search for benefits/insurance information when I am only the distributee?

Asked on Jul 12th, 2021 on Wills and Probate - New York
More details to this question:
I am not the voluntary administrator of a deceased relative, I am listed in the affidavit as a distributee. It has been nearly a year since the funeral and this notice is the only document I've received regarding the relative's death. Attempts to contact Surrogate's court for questions result in them directing me back to the voluntary administrator. The administrator is unreliable and typically unavailable for contact. I am effectively left in the dark. What steps should I take to find any information regarding the case and regarding what I am owed?
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1 ANSWER

Estate Administration Attorney serving New York, NY at Damien Bosco, P.C.
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Hello. My name is Damien. I am a Trusts & Estates attorney in New York City practicing in the New York City metropolitan area. An interested party (an heir or beneficiary in a Will) could request (or demand) from the administrator, an account of the collection, and distribution of assets in the estate. A Voluntary Administrator has to file a report and account for the settlement of the estate pursuant to Article 13 of the Surrogate's Court Procedure Act.: “Account for all personal property of the decedent received and disbursed by him by filing with the clerk of the court a statement of all assets collected and of all payments and distributions made by him and receipts for or canceled checks evidencing such payments and distributions. No fee shall be charged for the filing of such account.” If the administrator does not respond or provide a justifiable reason why an account was not filed (yet), the interested party possibly could seek judicial intervention by filing court papers to demand the filing of an accounting statement. Separately, insurance proceeds generally do not pass through an estate proceeding unless the estate was listed as the beneficiary. If you need any assistance, a New York Trusts & Estates Attorney could help you.  
Answered on Jul 13th, 2021 at 5:32 AM

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