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Probate and Personal Representatives : Includes Executors, Court Appointed Guardian of a Minor's Estate, Administrators in Deaths Without a Will, Intestate Distribution, etc.
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  #1  
Old 04-16-2007, 04:58 AM
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Join Date: Aug 2006
Posts: 4

My Uncle & Father died.. need some help


What is the name of your state? new york


My father died in January of 2006.. (my step mom got just about everything).. But now my uncle just past away 2 weeks ago and i found out that My uncle named my father as his beneficiary, but my father is no longer among the living... Now, what happens?? Does my step-mother become beneficiary because she was my father's wife, or would it go to the next of Kin which would be my Uncle's father... (my grandfather)... Or me since i was the beneficiary's daughter.. I'm so confused.. Now, my grandfather is the only one alloud into my uncles apartment, but my grandfather is too old and sick to fly up to New york from Florida to take care of things.. I was told i have to go to court and get papers, send them to my grandfather that he has to sign giving me permission to go into my uncles apartment, and he has to send the papers back to me.. But what papers do i need?? Thank you very much ;/
  #2  
Old 04-16-2007, 11:59 AM
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Join Date: Apr 2002
Posts: 9,287
If you don't have a copy of the will you or your grandfather needs to order one from the county probate court, usually called surrogate's court in New York.

Specifically what is the value of the assets that your father was named beneficiary of? If the services of a probate attorney were needed, could your grandfather or you afford to hire one?

How have you been receiving information about this estate--is the executor mailing you documents or are you or your grandfather finding out about these matters by telephone only?

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)
  #3  
Old 04-18-2007, 01:07 AM
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Join Date: Aug 2006
Posts: 4
we havent recieved any documents.. The only thing we were really told to do is, since my grandfather isnt able to fly to NY from Florida, my living Uncle went to court to get documents that my grandfather had to sign and send back to NY which gives my living uncle permission to go into my deceaced uncle's apartment.. So we are just waiting to get that document back so we can get into the apartment and clean it out... Now, i dont know how much my Uncle had in assets nor do I know what his benefits were... But, my main concern is that my step-mother doesnt get anything. I was told that it would go to the next of Kin, wich would be my grandfather, but i just wanted to make sure.. I will go to serrogate's court on Monday to order a copy of the will. Thank you

-Ashkey
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