My mother recently passed away. She has no assets? what do I do first? I: She had a will which states I inherit 100% but that was when she owned a home. She has a few hundred dollars left. I paid for the funeral.
George’s answer: Provided your mother's estate is valued at less than $30,000.00 you can commence a small estate proceeding in the Surrogate's Court in the county where your mother was domiciled at the time of her death. The small estate proceeding, also known as voluntary administration, is designed for a lay person to use without the assistance of an attorney. New York has a DIY website: http://www.nycourts.gov/COURTHELP/DIY/smallEsta...
In New York does a codicil have to be notarized?: Does a codicil have to be notarized
George’s answer: A codicil (i.e., an amendment to a will) needs to be executed with the same formalities as a will. The codicil must be signed before two attesting witnesses. In addition to signing the codicil as witnesses, attorneys will also have the witnesses sign what is called a "self-proving" affidavit before a notary. While the affidavit can be dispensed with, its signing does simplify a later probate proceeding. Without such an affidavit, when the will and codicil are offered fro probate, witness affidavits will need to be procured at that time which can be problematic if witnesses can not be located or have since died.
I was left out of parents will, while my sister inherits everything. Regardless, she is splitting small estate in half with me. : Sister's attorney says I have to sign a waiver. Why?
George’s answer: You should consult with an attorney before signing the waiver and consent. Once you sign such a waiver, you not only consent to your sister's appointment as executor but also to the directives set out in your mother's will. If you have not been provided for in your mother's will, at the minimum you should to get in writing that your sister nevertheless agrees to share the estate with you. This may even involve entering into a stipulation of settlement with your sister after you have been served with a citation. An attorney experienced in Surrogate's court practice can best review your mother's will and advise you as to your best course of action.