What is the name of your state? New York
My aunt's husband died in 1993. He had no will. He left a co-op apartment which was under his name alone. The value at the time of his death was less than $50K. (Which under NYS law means that the apartment is all hers) At the time, her son lived in the apartment and my aunt wanted him to leave, so she sued in surrogate court. She was appointed executor of the estate and her son was ordered to leave. Currently the shares in the co-op are under her husband's name. My aunt needs to get a loan against the apartment but she can't because it's not in her name. The co-op refuses to change the name on the shares because a few years ago, the son wrote them a letter claiming he has a part in the apartment, and they are afraid he would sue them.
After some research I understand that she never completed the probate process which would conclude with the final distribution of the estate. I understand that this is done by the surrogate court in NY.
The question is, what is the procedure in the surrogate court to complete this process? I called the court and they said a lawyer would know what to do, but at the moment my aunt has no money at all and she would want to do this herself. She is desperate. Where does she start? (What forms need to be filled, how does she file?)
Thanks so much for any help!
P.S. I found a list of PDF forms for surrogate court in NYC here: http://www.nycourts.gov/forms/surrogates/probate.shtml
There aren't many forms there? I suppose there are more forms at the court?
I also found forms for Vermont probate court--there are a lot, here: http://vermontjudiciary.org/eforms/probate.aspx
Any ideas which forms may be appropriate?
My aunt's husband died in 1993. He had no will. He left a co-op apartment which was under his name alone. The value at the time of his death was less than $50K. (Which under NYS law means that the apartment is all hers) At the time, her son lived in the apartment and my aunt wanted him to leave, so she sued in surrogate court. She was appointed executor of the estate and her son was ordered to leave. Currently the shares in the co-op are under her husband's name. My aunt needs to get a loan against the apartment but she can't because it's not in her name. The co-op refuses to change the name on the shares because a few years ago, the son wrote them a letter claiming he has a part in the apartment, and they are afraid he would sue them.
After some research I understand that she never completed the probate process which would conclude with the final distribution of the estate. I understand that this is done by the surrogate court in NY.
The question is, what is the procedure in the surrogate court to complete this process? I called the court and they said a lawyer would know what to do, but at the moment my aunt has no money at all and she would want to do this herself. She is desperate. Where does she start? (What forms need to be filled, how does she file?)
Thanks so much for any help!
P.S. I found a list of PDF forms for surrogate court in NYC here: http://www.nycourts.gov/forms/surrogates/probate.shtml
There aren't many forms there? I suppose there are more forms at the court?
I also found forms for Vermont probate court--there are a lot, here: http://vermontjudiciary.org/eforms/probate.aspx
Any ideas which forms may be appropriate?
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