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My Mother Passed Away

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kayo52

Junior Member
New York

My mother has recently passed away and my sister and I are the executrixes of the estate. I would like to know what we have to do. Her possessions were distributed before her death and the only things left to do is distribute her checking/savngs and an IRA account. She has $8,200 outstanding in credit card debt. Her 2008 taxes will need to be filed and there was a trust that will also need to have taxes paid on it. Other then that, there is nothing else. Total monies between the accounts totals approximately $170,000. The trust was left to my sister and I but my mother was able to use the interest to live on as long as she was alive. My mother and sister were the trustees on the account. Am I correct in assuming that on my mother's passing, the trust no longer exists? Can we just take that money in the account? If so, what do we need to prove to the banks to give us the money? Do we have to file probate if no one is contesting the will? What can we do to save time and money here?
 


anteater

Senior Member
You need to determine the assets that are subject to probate.

If the IRA had designated beneficiaries, then the IRA does not have to go through the probate process. Contact the financial institution to determine if there are named beneficiaries.

Generally, assets in the trust do not go through probate. The trust document determines the distribution. Presumably, your sister is now the sole trustee and her obligation is to follow the trust's instructions.

If the remaining assets are valued at $20K or less, then New York does have a small estate process that is less expensive and time-consuming than full-blown probate:
New York Law: Surrogate's Court Procedure : (1301 - 1312) Settlement Of Small Estates Without Court Administration :: Justia
 

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