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My uncle passed away on December 1st 2012. His wife is acting really funny now. I want to know who is in charge of the estate.

Jamaica, NY |

I need to know if the wife is in charge of the estate or if there is a will that we don't know about.

Attorney Answers 4


  1. IS there an estate? If everything was jointly owned by your aunt and uncle, or if she was named as beneficiary of his assets, then everything would pass outside of probate and whether or not your uncle had a Will would be irrelevant. You need to try to determine how the assets are titled before deciding what you should do about this, if anything.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  2. It depends if they had children, and if there was a will. If your aunt is not mentally competent, a close family member may qualify to administer the estate and take care of her needs. Right now, you haven't provided enough detail to answer.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com


  3. Under SCPA 1402(1) , you dont have standing to probate the will unless you are a creditor. Do you have a reason to believe that you are beneficiary of the estate?

    Sincerely,

    Roman Aminov, Esq.

    Law Offices of Roman Aminov

    Estate Planning - Elder Law - Probate

    147-17 Union Turnpike | Flushing, New York 11367
    P: 347.766.2685 | F: 347.474.7344

    Roman@AminovLaw.com | www.AminovLaw.com

    This answer does not constitute legal advice and no attorney client relationship has been formed. Before choosing a course of action, it is always advisable to seek the advice of an attorney in your area.


  4. It depends on many things, but briefly, the spouse is the first to receive or keep the assets. If you have reason to believe there is a will or trust that made you a beneficiary you may have the ability to challenge the administration and distribution of the estate. Keep in mind that people handle the death of a close relative or spouse in different ways and these matters can be very difficult on families. If you are concerned you should speak to an attorney who can review specific issues with you and give you your options.

    All comments and/or opinions are for general information, and do not create an attorney-client relationship. In order to obtain a comprehensive and accurate legal opinion you should consult an attorney with the specific and detailed facts or your case/question.

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