My condolences if you have recently lost a loved one. Handling a decedent's estate during this COVID-19 pandemic has proven to be heartbreaking and extraordinarily time consuming.
As you may know, the New York State Surrogate's Courts are not currently accepting new filings as a result of Governor Andrew Cuomo's Stay at Home Order. What you may not know is that there are steps you can take now to get prepared for your probate or administration process. DISTRIBUTEES Whether your loved one left a Last Will & Testament or died intestate (without a Will), your petition must identify all living distributees (heirs) and provide an address for each one. Search for and make a written list of the names and addresses of ALL Distributees. Also make a copy of any marriage certificates, divorce decrees or birth certificates establishing your relationship to the deceased. ESTATE PROPERTY Any real property and personal property (financial accounts, stock, cooperative shares, automobiles, boats, corporate shares, business ownership, etc.) in the name of your loved one is considered estate property. Search for and make a written list detailing all real property and personal property. FUNERAL EXPENSES A certified copy of the death certificate and paid funeral bill must accompany your Surrogate's Court filing. Obtain a funeral bill stamped "PAID" and order at least 5 certified death certificates. POLICIES AND ACCOUNTS Any insurance policies, bank accounts, investment accounts or retirement accounts that do not have a beneficiary designation may become estate property. Search for insurance policies and statements from banks/investment companies/unions/retirement accounts. Take this time to provide a copy of the death certificate to each one. While this list is not meant to be exhaustive, it will give you a good start in preparing to handle your loved one's estate in the months ahead.
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PLEASE TAKE NOTICE THAT reading of this blog does not in any way create or establish an attorney-client relationship between you and Tatia D. Barnes, Esq.
PLEASE TAKE NOTICE THAT the information provided on this blog are hypothetical scenarios, are provided for your general information, should not be relied on as legal advice and is not a substitute for direct consultation with an attorney about your specific legal situation or a legal question. |