Mount Kisco, NY asked in Probate for New York

Q: What do I do to see that I or my daughter get the beneficiary rights my husband was due?

I’m in desperate need of help. Some key facts are as follows:

• Husband’s Brother Dies in Hospital in December 2015

• Husband becomes Executor of his Estate

• All Siblings and Parents are Named Beneficiary of Estate

• Wrongful Death Suit is Filed (in CT)

• Husband gives Executorship to Sister as he becomes mentally ill

• Husband commits suicide in May 2020 (in NY)

o My husband has no estate or will

• Case part settles / case part is still settling as of June 2020

Related Topics:
2 Lawyer Answers
Benjamin Z. Katz
Benjamin Z. Katz
PREMIUM
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: If you husband is a beneficiary of his brother’s estate, his wife (you if you were married at time of death) and children are entitled to his share since he survived his brother.

1 user found this answer helpful

Elaine Shay
Elaine Shay
PREMIUM
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: You may be required to create an estate for your late husband by filing for probate or administration in Surrogate's Court.

1 user found this answer helpful

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