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mrsboss
my little love
Member since 12/09 5054 total posts
Name:
Me
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Legal question (executor, administrator of estate)
My mother recently died and did not have a will. She did not have a spouse, so I assume my brother or I would be the personal rep of her estate.
She sold her house a few years ago, so her only asset is her vehicle, worth less than $15k. There is no other real property. Is there a monetary threshold that would not require us to set up an estate?
We just want to sell her vehicle, but need to transfer the title in our name, so we can do so. Everything I'm reading says I need to have an estate set up.
We have already paid off the lienholder. Anyone know the cost of setting up a very basic executorship? Please help!!!
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Posted 5/29/12 11:49 AM  |
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IveGotAFeeling
Always look on the bright side
Member since 1/12 2286 total posts
Name:
of life!
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Re: Legal question (executor, administrator of estate)
Unfortunately, in my experience you will need to contact an attorney. I'm not entirely sure but I believe initial fees are around $2,500 to $5k but our situation was a bit more complicated. I think by law there's a requirement for assets to go through court and anyone who is kin can claim ownership. I'm so sorry for your loss and wish you luck. Everything is so complicated when there's no will.
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| Posted 5/29/12 12:05 PM |
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Linda1003
love my 2 boys
Member since 8/08 10923 total posts
Name:
Linda
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Re: Legal question (executor, administrator of estate)
So sorry for your loss. My mother passed 8 years ago..its so heartbreaking!!
My BIL is an estate atty if you'd like his number please fm me. He'd be happy to help!!
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| Posted 5/29/12 12:08 PM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: Legal question (executor, administrator of estate)
First, I'm sorry for your loss
DIY Info for NY Surrogate's Court:
http://www.nycourthelp.gov/diy/smallEstate.html
The small estate administration is a simplified court procedure available if the person who died did not have many assets. You can ask the Surrogate’s Court to let you divide and give away their property to people who have a legal right to inherit. To do this you need to file a form called an “Affidavit of Voluntary Administration,” also known as the “small estate affidavit.” This free program will help you create the affidavit that you will need to file in Surrogate’s Court.
You can use this program:
If the person who died (also called “the decedent”) passed away between August 29, 1996 and December 31, 2008 AND had $20,000 or less in personal property (not land or buildings).
If the decedent passed away after January 1, 2009 AND had $30,000 or less in personal property.
If the decedent owned real property, he/she owned it jointly with someone else and you don’t plan to sell the real estate.
*** If the decedent owned real property only in his/her name, you cannot use this program.
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| Posted 5/29/12 12:20 PM |
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mrsboss
my little love
Member since 12/09 5054 total posts
Name:
Me
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Re: Legal question (executor, administrator of estate)
Posted by nrthshgrl
First, I'm sorry for your loss
DIY Info for NY Surrogate's Court:
http://www.nycourthelp.gov/diy/smallEstate.html
The small estate administration is a simplified court procedure available if the person who died did not have many assets. You can ask the Surrogate’s Court to let you divide and give away their property to people who have a legal right to inherit. To do this you need to file a form called an “Affidavit of Voluntary Administration,” also known as the “small estate affidavit.” This free program will help you create the affidavit that you will need to file in Surrogate’s Court.
You can use this program:
If the person who died (also called “the decedent”) passed away between August 29, 1996 and December 31, 2008 AND had $20,000 or less in personal property (not land or buildings).
If the decedent passed away after January 1, 2009 AND had $30,000 or less in personal property.
If the decedent owned real property, he/she owned it jointly with someone else and you don’t plan to sell the real estate.
*** If the decedent owned real property only in his/her name, you cannot use this program.
THANKS NRTHSHRGRL, and the others too. As soon as I finished posting this, I stumbled upon that nys surrogate court website and completed the affidavit. It was pretty simple.
Am I legally obligated to pay any of her creditors out of life insurance proceeds?
This affidavit states creditors get paid last, and funeral expenses (or $ laid out for funeral expenses) gets paid first. So in reality, there would be no money left in her estate (sale of the vehicle proceeds) after we get reimbursed for the funeral cost we absorbed.
Any insight is so much appreciated 
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| Posted 5/29/12 1:35 PM |
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kallykay
LIF Zygote
Member since 11/06 12 total posts
Name:
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Re: Legal question (executor, administrator of estate)
Call the NYS DMV. There are sometimes ways to transfer a motor vehicle without going an administration / probate proceeding.
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| Posted 5/29/12 1:54 PM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: Legal question (executor, administrator of estate)
Posted by mrsboss
Am I legally obligated to pay any of her creditors out of life insurance proceeds?
Life insurance is not part of the estate unless the estate is listed as the beneficiary. It goes directly to those listed as the beneficiary. Beneficiaries are under no obligation to pay debts.
Re the credit cards, here is some good info:
f your loved one has died and owes credit card and other debt, then there are specific steps that you will need to take in order to prevent harassment by your loved one's creditors and legal trouble from happening in the future. This is particularly important if the estate will not need to be probated. And even if the estate will need to be probated and all debt will be handled through the probate process, you can still use the tips described below to insure that your loved one's estate, not you, will be responsible for paying the bills.
1. Make a detailed list.
Make a detailed list of all of your loved one's known creditors, including the name, address, approximate balance and type of debt. How will you find out about these creditors? By reviewing your loved one's mail.
2. Contact each creditor.
Contact each of the creditors on your list and inform them of your loved one's death. Forward an original or copy of the death certificate if requested to do so. DO NOT give the creditor your phone number or address - instead, give them your loved one's contact information that was valid at the time of death. Always write down the date, time and name of the person you spoke with as well as a general summary of what was discussed.
3. Inform creditors about the status of your loved one's estate.
Inform each creditor about the status of your loved one's estate - it's either in probate, ready to be probated, or won't require probate. In the former two cases, give the creditor the name, address and phone number of the attorney handling the estate. In the final case, this will most likely mean that the creditor will have to write off the debt because there is no probate estate available to pay the bills. Of course, if you or someone else cosigned on the debt, then the cosigner may become responsible for paying off the entire balance of the debt.
4. What happens if you continue to be contacted by a creditor?
If you make the mistake of giving out your information and continue to be directly contacted by a creditor and the estate is still in probate, then contact the probate attorney about what to do. If there isn't a probate estate, then contact an attorney experienced in debt collection for assistance.
Source & more info on credit cards: http://wills.about.com/od/howtoavoidprobate/a/deceaseddebts.htm
Disclaimer: I'm not an attorney. It seems like you can fill out a lot of the forms without an attorney but I would be careful. The attorney should be paid of the estate.
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| Posted 5/29/12 1:58 PM |
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mrsboss
my little love
Member since 12/09 5054 total posts
Name:
Me
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Re: Legal question (executor, administrator of estate)
Thanks, I've already started getting calls from the creditors. Can't wait for the phone and mail harassment to begin. Bottom line, there is no money in the estate for them, since we will use that small amount of $ for her funeral.
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| Posted 5/29/12 9:25 PM |
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julz33
i run for bacon
Member since 5/05 20584 total posts
Name:
julz
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Re: Legal question (executor, administrator of estate)
I just did this 3 years ago. You need to fill out the paperwork on the courts website for Small Estate. http://www.nycourts.gov/forms/surrogates/smallestate.shtml
You will have to list all the creditors and amounts on the paperwork. You will also have to set up an estate bank account for any of the money (sale of car, etc) and money will have to stay there for a certain amt of time (forgot how long). If you call the office they are very helpful (in riverhead).
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| Posted 5/29/12 10:11 PM |
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Beth
The Key to your new home....
Member since 2/06 24849 total posts
Name:
Beth
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Re: Legal question (executor, administrator of estate)
any letters I got from creditors my lawyer told me to write
estate insolvant and send back
this worked
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| Posted 5/30/12 3:11 PM |
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mrsboss
my little love
Member since 12/09 5054 total posts
Name:
Me
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Re: Legal question (executor, administrator of estate)
Posted by Beth
any letters I got from creditors my lawyer told me to write
estate insolvant and send back
this worked
Thank you. That's my plan once the letters start rolling in
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| Posted 5/30/12 4:03 PM |
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Beth
The Key to your new home....
Member since 2/06 24849 total posts
Name:
Beth
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Re: Legal question (executor, administrator of estate)
no one ever contacted me after the letter
sorry you have to deal with this- I know how un-fun it is
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| Posted 5/30/12 4:33 PM |
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