What Happens To A Person's Estate When There Is No Will? Richard A. Whitney
Q.
My father passed away three days ago. We found out that he was in the process of writing a will, however never he completed it. We did find handwritten notes but they did not say Will on them nor were they signed. It did not state who the power of attorney was. My dad's girlfriend is claiming that she is the power of attorney and he wanted it to be that way. My sister and her husband are making claims to most of my father's assets as well as his car (which they want to pay off by his estate) and his money. My husband is an attorney, but we are all from another state and he's not familiar with NY Law. How do I file to become the Power of Attorney? Does my sister automatically become this because she's the oldest? I'm the only one with an education and a sense of what is really going on. My sister thinks she's driving his car home tomorrow after the funeral as well as empting his bank accounts. She's completely skipping probate and his girlfriend is backing her.
-- Jo
A.
If there was no will, despite the existence of notes relating to a will, then New York's law of intestacy applies. The order of descent and distribution is, first, spouse, then children, then grandchildren and so on. Your father's girlfriend is not an heir by intestacy. She gets nothing under the law of intestacy. Moreover, any power of attorney she may have had from your father expired on his death.
You and your sister have equal rights to become the administrator of your father's estate (I assume you are referring to an administrator in intestacy appointed by the Surrogate's Court when you say "power of attorney"). The girl friend is not eligible to be the administrator. You should consult an attorney and file an application in the Surrogate's Court to become the administrator (with perhaps your sister as co-administrator). Once there is an administrator duly appointed by the court, then things can be sorted out.
