Bronx, NY asked in Estate Planning and Probate for New York

Q: mom died in nursing home, i'm executor, don't know what to do, very little assets. I can't afford a lawyer.

Mom passed away yesterday in nursing home after 4 and a half years. Left a Will and I am executor but there are very few assets left. About $900 in an IRA that hasn't been touched in years and $500 in nursing home account, we had a joint bank account but that has been used in years and has no money. I'm really not sure how to go about filing the Will and proceeding. There are also credit card debts that we stopped paying when she went to nursing home - I am an authorized user on some - and they are probably in collections at this point. I'm really confused about the whole process and I can't afford a lawyer. Any guidance would be appreciated.

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2 Lawyer Answers

A: Quick advice. Do not file the will. For the IRA, see if there is a beneficiary designated. If not, file a "voluntary administration" for $1 to collect. Go to the court clerk with the account information in the Surrogate's Court.

Barry E. Janay
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Answered

A: File a small estate proceeding (also $1) in the county she resided in when she passed.

Here are the forms:

https://www.nycourts.gov/forms/surrogates/smallestate.shtml

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