Written by Lynn Chen, Staff Attorney of the Planning and Estates Law Project 

Losing a family member is a difficult time in anyone’s life, and having to navigate the complexities of Surrogate’s Court to handle their belongings can compound an already stressful situation. The Planning and Estates Law Project (PELP) at the City Bar Justice Center helps families during this difficult and often confusing period. When families seek legal help in order to keep sentimental items safe, and thus preserve intergenerational wealth, PELP is there.  “Jessica” recently lost her brother, “Ben,” who had been her last living family member. Ben had never married and had no children, and their father had passed only a few years prior. At the time of his death, Ben owned a condo in Brooklyn. The value of the apartment would be a considerable amount for Jessica to inherit, allowing her to live more comfortably. She also wanted to collect Ben’s personal belongings from the apartment, which had been sealed after his death. To do so, Jessica needed to be appointed as administrator of Ben’s estate. But Jessica had little information about their mother, who had abandoned the family when Jessica and Ben were small children. She didn’t even know she was alive. Without information about their mother, Jessica was unable to determine that she was Ben’s sole heir, and she was unable to move her brother’s estate forward. So she reached out to PELP for assistance. 

PELP and its pro bono volunteers met with Jessica to provide advice and guidance on the Surrogate’s Court process and to prepare her administration petition. Because many families need assistance in searching for missing family members, PELP is familiar with the process and information required in New York City and was able to guide Jessica through the lengthy process. PELP staff worked with Jessica to conduct the search for her mother and compile the record into an affidavit of due diligence to submit to the court. 

Due to their missing mother, the court required that Jessica obtain an estate bond, a type of surety bond that is meant to protect heirs and creditors. Estate bonds are often barriers to families due to the additional costs and efforts associated with them. As many of PELP’s clients are often faced with a bond requirement, PELP was able to guide Jessica through the process of obtaining one.  

With this final piece, Jessica was then appointed as administrator of her brother’s estate, which allowed her to enter Ben’s apartment to collect his belongings and begin the process of putting the home on the market. Jessica has told the PELP staff at the City Bar Justice Center how grateful she is for the assistance, and we are glad to have helped another neighbor with a fresh financial start.