My uncle, who lives in New York, passed away a month ago, testate. He named my brother as one of the heirs. My brother does not understand the legal procedures in New York and doesn’t know how to claim his percentage of the estate. What process does he need to take?
Losing a loved one is always hurtful. Going through the probate process can make things harder if the deceased did not make a proper planning of their estate. Receiving your inheritance that is located in a different state from your place of residence depends on the complexities associated with the estate in question, and the laws of the new state.
Out-of-state inheritance can be obtained through an executor or personal representative of the decedent in the surrogate court in New York. Once an executor does the filing, the probate process will commence by assessing the validity of the will presented in court.
The first step the court will take is to determine whether the will meets the validity criteria. Other factors will be considered before an heir that is outside the state receives their inheritance. The New York probate court does not accept handwritten wills and cannot execute them. Exceptions are made for wills drafted by mariners or individuals serving in the military.
As a beneficiary located outside New York, you may not understand the probate laws and may need to contact an attorney for detailed assistance. The probate process will be carried out in New York as usual, based on state laws. The outcome will determine whether you will receive the inheritance or not. Once you are named as the beneficiary, you will be granted the right to do anything with the property legally handed to you. However, this only applies if the estate in question is located within New York.
You must also realize that some family members in New York may contest the will, especially if they think that the estate allocation was not fair. Be ready to accept the outcome of the court process since you may or may not receive the inheritance at the end of the proceedings.
In case a person lives in one state but leaves an estate in another state, two probates might be required since the state’s regulations often govern real estate. Such property is known as ancillary property. You need the best “probate attorney near me 11368” to handle this process.
Rose resides in New York, where she owns a residential home as well as other assets. She has a real estate business in Miami, which she bought a few years back. She is not married. In case Rose dies, a court in Miami will need to be engaged to carry out any probate proceedings before the business is transferred to her ideal beneficiary.