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Do you need a Letter of Testamentary or Letters of Administration for estates under $250,000 or a Estate Hold Harmless Form?

Canandaigua, NY |

I am trying to claim unclaimed funds of my deceased husbands and the State Comptroller is asking for a Letter of Testamentary and an Estate Hold Harmless Form. The estate was under $250,000 and I was named full beneficiary in his will so I do not have a Letter of Testamentary and I also do not have an estate tax identification number for the Estate Hold Harmless Form. What do I do?

Attorney Answers 3


I am not licensed in NY, and your unclaimed property division might be different than what I am used to. I have found that if you do not provide them with the documentation they are seeking, you will not get the assets released. Whether it makes sense to do so in your case is unclear from the facts presented. I think your best bet is to have this reviewed by a probate attorney to determine the cost of providing the documents requested. That will help you to do a cost-benefit analysis and determine whether it makes sense to proceed or not.

James Frederick

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The Will is of no consequence until it is probated and you are appointed the executor. When you are appointed, you will receive Letters Testamentary. You cant just go to the state and say " look at this Will... i am the sole beneficiary" Probate is necessary as there may be claims that the Will was not made legally or that there is a subsequent Will, or that the decedent was not of capacity when he made the Will, etc, etc. This is what probate is for. Consult with an attorney.

My firm is a second generation family firm successfully handling personal injury and medical malpractice cases for over 35 years. "Let Our Family Help Your Family" 516 466-7900

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Usually you will need letters testamentary. If you aren't sure, you definitely should hire an attorney. You will need to file a probate, submit the Will, then after being named executor, you can acquire letters testamentary and submit a EHHF

Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC

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