My stepfather came from Poland at ten years old with only one brother and parents (all deceased). He was with my mom for forty years and never mentioned Polish relatives as he was here since a child. He named me and my siblings in his will specifically. I am named executor of his estate in NYC. The... Read more »
answered on May 12, 2023
If the decedent has no children or spouse the Court requires an affidavit of Heirship. Sometimes the attorney draftsman will take information directly from the testator now the decedent and he can provide a supporting affidavit. Your attorney should submit an affidavit of Heirship if someone can... Read more »
I am doing this Pro Se .Do I need to include all possible heirs on question #6 (distributees) even though they will not be getting anything on this will?
answered on May 5, 2023
Yes, all necessary heirs per EPTL must be listed. They must submit a Waiver or you will be required to serve them with a Citation that will summons them to Court on the return within the required time depending on their residency and where you serve them. Once service of the citation is complete... Read more »
The property is in Brooklyn . My father was the only person on the mortgage. When I was added to his deed , I was recorded as the Administrator. I only found out recently that I needed court papers to become an Administrator, which is what I am trying to do now. I don’t know why I was ever... Read more »
answered on Nov 30, 2022
Only Surrogate Court can appoint an administrator for an estate. The lender or bank will foreclose on the property if the lein is not paid. The creditor can apply to court for an administrator such as PA to be appointed if no one comes forward. It depends on the case and how quickly the... Read more »
Before my father died , I was incorrectly added to the deed , “As Administrator” . I have been working on obtaining Letters . The court appointed Administrator waived his rights as Admin and consented to allow me to become the Administrator. I am now waiting for the Court to issue me Letters... Read more »
answered on Nov 30, 2022
The bank has to follow certain procedures to obtain a judgment and the deed. It depends on the jurisdiction. The bank can petition the court as a creditor for appointment of an administrator and certain relief.
There are 19 nieces/nephews - 16 of then live oversears and/or had no role/interest in caring for our aunt or her health. Many of then are well off financially and dont need this money. Only 3 of us took care of her for 25 years. Can the 3 of us prevent them from benefiting from the Estate of... Read more »
answered on May 12, 2023
No you cannot. If they are related, as you are, you all will share equally per class.
I’m entering into probate with my 25 year old domestic partnership who died from sickness. Sisters want nothing to do with him
answered on Apr 12, 2023
It does not matter how old the Will is so long as it was executed in compliance with the applicable laws. Please contact our office and provide a copy of the Will for a free evaluation.
Was waiting for him to find the title.But he ended up dying.
answered on Jan 8, 2023
The fiduciary of the estate can order a duplicate title and then sign it over to you.
I have received a copy of the will and athe paperwork of how everything is to be divided.
But I also requested an accounting twice and have not received anything showing the accounting of aunt's will or anything to sign. Aunt passed away almost 3 years ago. What can I do? They are in... Read more »
answered on Feb 28, 2022
You may compel an accounting 7 months after the appointment of a fiduciary and admitting the Will to probate. The accounting would also force the estate to distribute the funds. You do not need to be in NY but retain the services of an attorney who practices in NY. Our clients who have... Read more »
Both parties have equal share of real property stated in will.
answered on Jan 19, 2022
The executor has the right and obligation to administer the estate which generally means selling the real property as soon as reasonable possible and appropriate. The executor must do what’s right for the estate and maximize the inheritance no matter who is the beneficiary.
been my permanent residence and i have two children who reside here and are registered to school here and have been since birth. the house was bought between my mom and dad, i have step siblings who have a diff mom, is there anyway they can take over this house through probate? my dad didn’t have... Read more »
answered on Sep 5, 2021
If the deed was held as husband and wife, with rights of survivorship, then it passes to the last spouse, your father who died after your mom. Your father’s children share in his estate. You can buy them out at fair market value and save on broker fees and other.
The house is left equally to all heirs, to be sold and cash distrusted.
The will notes all house hold items are to be equally divided. If we are in disagreement, the the executor can devises a system of distribution of the house hold items.. if there is still a disagreement, then the... Read more »
answered on Jun 25, 2021
The executor is responsible for the administration of the estate. Thus, the executor can prohibit entry to the house if there are concerns that something will be taken without permission. If the item has a monetary value it should be paid for even if it’s an heir that wants the item so the... Read more »
The decedent did not have any children of his own. He created a will in 1971 (NY) and it included his nieces and nephews at the time but additional nieces and nephews of the same family units already included in the will were born after 1971 and his will was never updated to include them. Are... Read more »
answered on Apr 30, 2021
It depends on the language and intent of the testator if the additional Nieces and nephews take.
The nominated executor retained a lawyer to manage the estate of the decedent 5 months prior to being approved as executor. What then is the duty of the executor if there is also a Probate Estate Manager?
answered on Apr 30, 2021
A nominated executor (named in the Will) or executor (appointed when Will is admitted to probate) should retain an attorney to assist them with the administration of the estate and legal affairs. The executor should be managing the assets such as collection the mail, providing information to the... Read more »
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