Cliffside Park, NJ asked in Estate Planning and Probate for New York

Q: Can I file for a Letter of Administration for my mother's estate?

My mother passed away. She was married at the time of her passing. Then her husband passed away. Now I am in the process of filing for the 9/11 fund for my mothers passing. Because she was married at the time of her passing, do I have to find her husband's heir's? I would like to file for a Letter of Administration for my mother's estate, not her husband's. Am I entitled to do this? If so, do I need to find my mother's husband's heir's before I proceed?

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1 Lawyer Answer
Elaine Shay
Elaine Shay
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: You should still be able to file for Letters of Administration. However, if your mother's husband was living at the time your mother passed, his estate will still be entitled to a share of your mother's estate.

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