Queens, NY asked in Family Law, Real Estate Law, Elder Law and Probate for New York

Q: This is a situation where a veteran at 68, was a live in caregiver for an 84-year-old who recently died intestate.

I, along with my partner who is also 68 and suffers from advanced Alzheimer's Disease, resides in the home of the decedent whose house is in reverse mortgage. The deceased has six other siblings, three deceased. The house value is close to the outstanding balance on the reverse mortgage. I recently received the required annual Occupancy Certification for decedent. My problem is threefold. As caregiver, may I Petition the court under the Small Estate Administrator based on the negligible real estate value? The family members are totally clueless, and I don't want them rummaging through the house. Also, since I along with my partner lived with the decedent as dependents and will be homeless if removed from the home. How may we remain in the home to allow us time to find avenues to obtain affordable housing? I located an Insurance policy purchased by the decedent, the named beneficiary is my aunt who, along with her several siblings, is deceased. How can I obtain these funds?

1 Lawyer Answer
Jack Mevorach
Jack Mevorach
  • Cedarhurst, NY
  • Licensed in New York

A: A proceeding will need to be commenced in Surrogate's Court.

Ja k

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