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BPestle Asked November 2022

Who has a right to a deceased persons' financial records?

My fiancé lost his father in 2022. He lived with a woman who claimed to be his wife, but there are no marriage records and NYS does not recognize common law. How do we obtain financial paperwork on the deceased father? There was believed to be a life insurance policy on the father with my fiancé as beneficiary, but the "wife" will not supply any sort of will or information on the will to my fiancé. What do we do? What rights do we have?

MACinCT Nov 2022
As there is a beneficiery, insurance will pay out only to that person. The executor will have no rights to the payment but can report The death. The executor cannot touch it but will file all finances to the court. Same goes for a joint account.
You need to file with probate before the wife gets there first that you are family and willing to be executor

JoAnn29 Nov 2022
I agree, contact the Probate in Dads County. He can get a short certificate that gives him the ability to get to Dads finances. He may have to hire a lawyer, or at least go to Legal Aid, to have a letter written that she is to turn over all Dads financial records. She will have to show proof of marriage to be able to claim the right to Dads records. If Dad owned a house, had a sizeable estate, ur fiance can become an Administrator of the estate if no Will. Dying without a Will means this women is entitled to nothing. The State Dad resides in determines who inherits. Dads children will come first.

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BPestle Nov 2022
There is nothing filed in probate court
JoAnn29 Nov 2022
Read my post. Probate is not just for Wills. If nothing is filed, that is a good thing she hasn't done anything or maybe there is no Will. So now your fiance gets assigned Administrator basing it on that he is not sure if there is a Will or not. Someone has to close Dads estate.
Becky04469 Nov 2022
Contact probate court in the county where father resided.

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