I know Danielle is but I know this isn't her thing, I couldn't remember if anybody else here is a lawyer.
Here's my issue...
My father passed away in Nov 08, he did not have a will because he didn't have anything except a bank account that may or may not have a few hundred dollars in it. Anyway it turns out that there is some money to be paid from his pension (or something like that) to the beneficiary listed, which happens to be my uncle who passed away in 05. I sent in my uncles death cert and the new papers are for the executor of the estate to claim said monies. How do I go about getting me or my brother (preferably me, but my bro is older and probably the technical next of kin) listed as the executor of the estate? Does anybody know anything about this? I would like to try to do as much of this myself as I can.
Re: who are our lawyers here?
My understanding is that because there is no will, you have to go to surrogate's court & file a petition. You & your brother will then be named as executors of his estate.?
I'm pretty sure because there is no will, his "estate" will have to go into probate. You can search online at the surrogate's court for his county for more info. But I know for sure that you have to petition them in order to be named as executors of his estate.?
HTH ?