Help with a small estate affidavit for NY

[skornd713]

Hey there. My dad passed recently over seas, after dealing with my grandmothers illness/passing along with her legal and financial issues. His will is in probate there in Trinidad. I am the soul executor and soul beneficiary and I am trying to get access to his bank account here to help with bills and such and I have a small estate affidavit and table of heirs form. I am slightly confused on the form and just need some help to fill it out if at all possible. Is this something anyone can help me with? Any help is greatly appreciated. Thank you.

Joe

 

[FlyingRon]

Start here: https://www.nycourts.gov/courthelp/diy/smallEstate.shtml

If you have specific questions ask. We can't fill out forms for you, that would take an attorney.

 

[skornd713]

Not that I need anyone to fil it out, just clarification of terminology really. I have the form, Estate of would be my father, I am going to have to fill out section B and fill in that I am the decedent's son, but there's a section for reference number, (don't know what to do with that), and is that all I need besides the signature, SSN and notary on the affidavit? Then on the Table of heirs, what if I don;t know SSN#'s, or dates of death, or if relatives that are asked for never lived in this country?

 

[Dandy Don]

Where do you live? In Trinidad or in the US?

Is your father's probate currently being done in Trinidad?

 

[skornd713]

Where do you live? In Trinidad or in the US?

Is your father's probate currently being done in Trinidad?

I live in New York. My father lived here, but was in Trinidad taking care of my grandmother and her affairs till her death, and then he never had a chance to get back home and ended up passing away there, where his will is in in the probate process. Needless to say it's a mess.

 

[Dandy Don]

It's great that you want to help your father with the probate process here, but technically you should not be doing that.

If you know how to contact the executor that is handling his estate in Trinidad, send the small affidavit form to the executor.
The executor is supposed to fill out the form to start the probate process here, called ancillary probate (which means it is another, separate probate here in addition to the probate process that has begun in Trinidad).

 

[skornd713]

My father passed IN Trinidad. He was the executor and soul beneficiary of my grandmothers will. That will was not probated yet. I am the soul executor and soul beneficiary of my fathers will. I need the grant of administration for my grandmothers will and grant of probate for my fathers, but am having issues with the lawyer in Trinidad. All that paperwork has been signed and supposedly in the process. However, since it is not finalized, i am just looking for help as far as the small estate affidavit goes for my fathers bank account here in NY. Like I said....my situation is a complete mess.

 

[FlyingRon]

Nobody is executor until named by the court. (And the word you want is "sole" not "soul"). We can't help you with Trinidad, as you have been told. You need the probate in Trinidad to start first to get the ancillary action in NY.