Both Parent's Passed Away One A Few Weeks After The First

[Miloit]

Jurisdiction

New York

My mother passed away and then a few weeks later my father passed away. There was no will for either. What happens to my mother's estate if any? Does a portion of my mother's estate go into my father's estate?

If I file for letters of administration for my mother's estate do I list my father as a surviving spouse?

 

[adjusterjack]

Both estates may need separate probate.

You need a lawyer.

 

[Miloit]

I would like to avoid an attorney if possible. There is little to no assets but I am planning on filing a wrongful death claim and would need letters of administration for this.

 

[Zigner]

I would like to avoid an attorney if possible. There is little to no assets but I am planning on filing a wrongful death claim and would need letters of administration for this.

My condolences on the passing of your parents.

If you're planning on filing such a suit, then you definitely need an attorney. That is NOT a do-it-yourself project.

 

[adjusterjack]

I am planning on filing a wrongful death claim

Why?

I'm not being facetious. It's an important question.

 

[Miloit]

Why?

I'm not being facetious. It's an important question.

This is for a 9/11 VCF wrongful death claim.

Prior to my mother's passing we filed a 9/11 VCF claim without an attorney which was approved and awarded. Since her passing I was made aware that she may qualify for a 9/11 wrongful death claim because her passing was due to a 9/11 related illness. I am hoping to file this one on my own as well.

 

[zddoodah]

Under New York law, when a person dies without a will and is survived by a spouse and descendants, the surviving spouse receives the first $50k and half of everything else, while the descendants divide the other half. When there are children but no surviving spouse, everything goes to the children.

I STRONGLY urge you to retain the services of a local probate attorney. Handling one estate is not a great DIY project. Handling two related estates is absolutely not something you want to try handling on your own.

I would like to avoid an attorney if possible. There is little to no assets but I am planning on filing a wrongful death claim and would need letters of administration for this.

All the more reason not to do this yourself (and there is NO WAY you'll be able to handle a WD lawsuit on your own).