Taylorsville, NC asked in Estate Planning for New York

Q: My Dad passed away 30+ years ago, my brother is the executor of the estate and never fullfilled his obligation

Of dispensing the funds. The funds are in unclaimed funds and the monies are dwindling away. After numerous conversations and promises, he refuses to disperse the funds. I have filed a claim myself and provided them with the necessary proof, but they have advised me that as long as the executor is alive he must be the one to provide the necessary documents to claim the funds or I must have his death certificate . What are my rights to claim the funds and distribute them to me and my other sibling. Thank you

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1 Lawyer Answer
Benjamin Z. Katz
Benjamin Z. Katz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

A: In NY, If all you need is a death certificate, you should be able to get one from the Dept of Health. If you wish to be appointed as the new Administrator of the estate, you will have to petition the court, describing the situation.

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