New York Estate Powers & Trust Law section 5-3.4

[GA456]

What is the name of your state (only U.S. law)? New York

I just have some questions about the terms under this section. My father passed away in March. There was no will, my mother is the surviving spouse, no children under 21, probate is still in progress.

There are two vehicles whose registrations are expiring mid-August, the values of each (and combined) are under $15,000 so they are not considered assets. Does my mother, as surviving spouse, have the authority to transfer ownership to me and my sibling at this time since there is no estate?

I cannot find a layman's explanation and the DMV is of no help. The forms say that there should only be one vehicle whose ownership gets transferred, however this section of estate law says that if there are two or more vehicles each of which values exceed $15,000 they may be acquired by the surviving spouse by payment to the estate.

uh, what?What is the name of your state (only U.S. law)?

 

[Dandy Don]

The spouse or whoever is going to be administrator needs to open up probate and then will receive a document called letters testamentary giving authority to handle all estate matters. County courthouse clerk can probably tell you that there is a special procedure for smaller estates which it seems like what this is.