Claiming a Parent’s Estate Share in New York When There Is No Will
What to Do When a Parent Dies Intestate in New York: How Shares Are Claimed and Distributed Detailed answer — Overview of New York intestacy and how to claim your share If a parent dies in New York without a valid will (called dying "intestate"), state law controls who inherits and how to get your […]
Read article →How to Get Appointed Estate Administrator in New York When a Spouse Dies Intestate
Detailed Answer When a spouse dies without a will (intestate) in New York, the Surrogate's Court in the county where the deceased lived handles appointment of a personal representative (called an administrator) and distribution of the estate. The surviving spouse generally has first priority to be appointed and to receive the spouse's share under New […]
Read article →Claiming Foreclosure Surplus Funds in New York When a Parent Died Without Probate
Detailed Answer Short answer: If a foreclosure sale produced surplus funds and the former owner died without probate in New York, those surplus funds are part of the decedent’s estate. To receive them you generally must show you are entitled to inherit (or you must be appointed as the estate’s personal representative). That typically requires […]
Read article →Transferring an Inherited Membership Interest in a New York Single‑Member LLC
Detailed Answer Short overview: After probate in New York, an inherited membership interest in a single‑member LLC typically passes to the estate beneficiary, but the practical ability of that beneficiary to control, manage, or sell the LLC interest depends on the LLC’s operating agreement, New York LLC law, and any probate court orders. The personal […]
Read article →New York: Documents to Prove a Family Member Was the Sole Member of an LLC
Short answer You will want a combination of certified public records from the New York Department of State and the company’s internal documents. The Department of State can provide a certified copy of the LLC’s formation filing and a Certificate of Status (good standing), but New York does not generally record member names at the […]
Read article →Requesting an Estate Accounting in New York: Your Rights in Probate
Overview — What an estate accounting is and who may ask for one An accounting in probate is a formal, written record that shows an estate’s assets, receipts, expenditures, distributions, and fees during administration. In New York, people who are legally “interested” in an estate — for example beneficiaries named in the will, heirs, creditors […]
Read article →Qualifying as Administrator for a Sibling’s Intestate Estate in New York
Overview — Administrators for Intestate Estates in New York This FAQ-style guide explains what you need to know and do to become the court-appointed administrator (sometimes called “administrator d.b.n.” or simply “administrator”) of a sibling’s estate in New York when the sibling died without a will (intestate). The guide walks through who can serve, the […]
Read article →New York — Can an Estranged Spouse Claim from an Estate if Divorce Wasn’t Final?
Can an estranged spouse still claim from an estate if the divorce wasn’t final in New York? Short answer: Yes — under New York law, if a divorce is not finalized the person is still legally the decedent’s spouse. That means they generally retain the legal rights of a surviving spouse to inherit by intestacy, […]
Read article →New York: Recovering Funeral Expenses and Pre-Settlement Payments from an Estate
How to recover funeral costs and other out‑of‑pocket payments from a New York estate FAQ-style guide — not legal advice. This information explains how New York law treats funeral expenses and other payments you made before an estate is settled. It is educational only. For advice about a specific case, consult a licensed New York […]
Read article →What steps do I need to take to re-record or update a joint survivorship deed after co-owners died? (NY)
Detailed Answer — What to do to re-record or update a joint-survivorship deed in New York Short answer: first determine how title was held (joint tenancy with right of survivorship, tenancy by entirety, or tenancy in common). If the property passed automatically by survivorship, the surviving owner(s) usually must record documents (death certificate and an […]
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