How To Become Executor Of My Ex Husband's Estate

[jmtgaz]

I will try to keep this as simple as possible but it has been a very weird situation. My exhusband died in july of 07. According to our divorce decree i was to remain benefictiary of his life insurance and pension through the new york state retirement system. Afetr his death I notified the retirement system and was told that i was not the beneficiary. Years ago when he went to change me to the beneficiary he did not have the papers notorized so it never went into affect and we were never notified. So the beneficiary was still his gramma who has been dead for at leaset ten years and second listed is his dad who is now the beneficiary. As things unfolded I found out that his brother was trying to be made the executor of his estate. What about our kids shouldnt they have a right to EVERYTHING that was his before his parents or siblings?? I hired an attorney who wrote to the new york state pension and retirement system to get the payout put on hold until it can be worked out. Now i was informed by my ex mother in law that his brother cannot be made executor and the i have to do it because i am the mother of his minor children. There is some money in his credit union and a back pay check that needs to be cashed. anyway i am wondering what steps I can take to be made the executor of his estate in new york state. Can I do it alone?? do I need to have an attorney do it for me??Where do i begin???Any advice would be greatly appreciated

[lwpat]

You need to contact the probate court in the county where he resided and get the information necessary to start probate. They will send you a package and can tell you what has been done to date, if anything.