If my mother died in another state without a Will, what are the steps necessary to settle her estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my mother died in another state without a Will, what are the steps necessary to settle her estate?
A cousin was appointed guardian but was removed from that position 2 years before my mother’s death. However, she still is accessing my mother’s accounts
Asked on August 17, 2012 under Estate Planning, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I am so sorry for your loss. You need to advise the banks that hold your Mother's accounts that they are to freeze them immediately. Then some one needs to be appointed as the personal reppresentative of her estate to act as a fiduciary. She dies "intestate" and thus the intestacy statutes in the state will apply and determine how her estate is to be distributed. If the cousin has dissipated estate assets then the PR needs to take action against her to return the funds. You file the petition in the county in which your mother resided at the time of her death. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.