Q: In the absence of a will, in the case of a parent becoming incapacitated or dying is there any way a next of kin would?
My mother is the sole supporter of my disabled brother who is on SSI. The SSI helps but would nowhere near close to pay rent even for a single month.
I was wondering if my mother became incapacitated or passed away how would my brother or I be able to access the money my mother has in the bank in her name in the absence of a will. She is currently refusing to make a will and although she is in good health we are still concerned that my broter would be forced out of his apartment because he would be unable to access the money to pay rent.
A:
Intestacy laws would apply. When there is no will, there IS a way! :)
See: https://www.nycourts.gov/courthelp/WhenSomeoneDies/intestacy.shtml
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