How does my grandson open an estate for his mother?

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How does my grandson open an estate for his mother?

He needs to do this to receive her state retirement benefits. Her husband shot and killed her; he was convicted of involuntary manslaughter and is serving 2-5 years. The state made the decision that the benefits would go to her children, not the husband because he caused her death.

Asked on October 8, 2012 under Estate Planning, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The grandson needs to find a Will of his mother or a trust and start a proceeding as to the Will with the probate court to set up the beginning of her "estate's" winding down. If there is no Will or trust then there needs to be an intestacy proceeding started in the probate court instead.

I suggest that your grandson consult with a Wills and trust attorney to assist him in getting his mother's estate processed and distributed.


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