I recently discovered that the NY unclaimed funds site showed that my deceased mother has unclaimed funds. I was the Executor

Asked 6 months ago - Bronx, NY

and I filed a claim. I was told by the state I need to get new letters testimentary. How can I get them?

Attorney answers (2)

  1. Michael S. Haber


    Contributor Level 20


    Lawyer agrees

    Answered . If all you need is updated letters testamentary, that is something that can be done quicker than it will take for you to read this response. If, on the other hand, the estate has been closed, there may be more steps involved. It's hard to answer you definitively, because you don't indicate whether the problem is that letters testamentary are more than six months old and thus just need to be update. You also don't indicate whether the newly-found assets are significant enough to markedly increase the value of the estate, thus requiring at the very least that a higher filing fee be paid, or whether the assets held by the Comptroller are modest in value. Most (but certainly not all) assets held by Comptroller as abandoned property are quite low in value. If you have any difficulty with this, you should consult with an attorney. You can feel free to contact any of us here on avvo.

    Good luck to you.

    Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are... more
  2. Eric Edward Rothstein

    Contributor Level 20

    Answered . You will need to go to the Surrogate's Court.

    I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for... more

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