The loss of a loved one is an emotionally challenging time, and when it comes to the legalities surrounding their passing, it can add an additional layer of complexity. In New York, situations may arise where a deceased person’s residence, be it a house or an apartment, is sealed by the police. This blog post aims to guide you through the necessary steps to unseal the property, with a particular focus on considerations for pets and dependents residing within.
Understanding Property Sealing in New York:
When someone passes away in New York, the police may seal their residence as a precautionary measure. This is done to secure the property and its contents until legal matters are addressed, such as probate or the appointment of the administrator in cases where there is no Will. If you find yourself in this situation, it’s important to know the steps to take to regain access to the property and address the needs of any dependents or pets left behind.
1 Contacting Law Enforcement and Legal Representatives
Begin by reaching out to the local law enforcement agency that sealed the property. They can provide information on the reasons for the sealing and guide you on the necessary legal procedures. Simultaneously, consult with an attorney who specializes in estate matters to ensure you are aware of your rights and responsibilities. Usually, the key to the apartment/house will be held in the local police precinct. It is worth stopping by the precinct to introduce yourself as the petitioner in the administration of the decedent’s estate and to verify that the key is indeed held at the precinct.
2 Initiating the Proceeding to Unseal the Apartment to Search for the Will
You need to petition the court for the authorization to search the decedent’s apartment/house to look for the Will, the burial plot, the cemetery deed, the funeral arrangements documents, the life insurance papers or any other important financial papers. You will not be allowed to remove anything other than the Will and the deeds. The Will will have to behand-delivered to the Court (either by you or the police). An attorney can assist you in navigating this process, including filing the necessary court documents and obtaining the appropriate permissions to unseal the residence.
3 Addressing Dependents
If there are dependents residing in the sealed residence, such as children or elderly family members, inform the relevant authorities promptly. Social services or child protective services may need to be involved to ensure the well-being of the dependents. Your attorney can guide you through this process to ensure compliance with legal requirements.
4 Pet Considerations
If the deceased had pets, it is crucial to address their welfare. Reach out to local animal control or rescue organizations for guidance on caring for the animals while legal matters are resolved. Additionally, consider involving the deceased person’s friends or family who may be willing to provide temporary care for the pets.
Overall, dealing with the sealing of a residence after a loved one’s passing in New York requires a careful and informed approach but it is a streamlined process if you have the right people working for you. By engaging legal representation, understanding the probate process, and collaborating with relevant authorities, you can navigate this challenging situation effectively. Remember to prioritize the well-being of any dependents and pets, seeking assistance from social services and animal care organizations to ensure their needs are met during this difficult time.
