What is the name of your state (only U.S. law)? NY
I am an only child, the sole distributee and the designated executor in my mother’s will. Mom was a New York State resident.
My father died over 20 years ago. Neither parent had other marriages or other children. They were married when he died.
I have filed (pro se) a petition in Surrogate’s Court to become the official Executor and to obtain the letters testamentary required to distribute her assets to her heir, i.e. me.
The court officer has informed me that a sole distributee has the burden of proving they in fact are a sole distributee, in effect that one’s parents have no other children and no other heirs exist.
I have several living first cousins. My mother’s parents, her two siblings, my father, his parents and his one sibling are all deceased.
The court has informed me I have to show I am a sole distributee, however, the court’s pro se attorney is not allowed to advise me how to do so. This doing "due diligence" is undefined nor is the degree or extent one must go to to achieve it.
Can you please suggest ways in which I might accomplish this? Do I need to advertise in a local paper for potential heirs? If so, what should the ad say?
My first cousin on my mother’s side is a famous law professor at a well known American law school. I have asked him to provide an affidavit stating that he knows I am an only child and that my mother was married just once. Would his affidavit be enough?
I am an only child, the sole distributee and the designated executor in my mother’s will. Mom was a New York State resident.
My father died over 20 years ago. Neither parent had other marriages or other children. They were married when he died.
I have filed (pro se) a petition in Surrogate’s Court to become the official Executor and to obtain the letters testamentary required to distribute her assets to her heir, i.e. me.
The court officer has informed me that a sole distributee has the burden of proving they in fact are a sole distributee, in effect that one’s parents have no other children and no other heirs exist.
I have several living first cousins. My mother’s parents, her two siblings, my father, his parents and his one sibling are all deceased.
The court has informed me I have to show I am a sole distributee, however, the court’s pro se attorney is not allowed to advise me how to do so. This doing "due diligence" is undefined nor is the degree or extent one must go to to achieve it.
Can you please suggest ways in which I might accomplish this? Do I need to advertise in a local paper for potential heirs? If so, what should the ad say?
My first cousin on my mother’s side is a famous law professor at a well known American law school. I have asked him to provide an affidavit stating that he knows I am an only child and that my mother was married just once. Would his affidavit be enough?