Just wondering if it is legal for the spouts of deceased to determine who gets what, or must it go through the probate. Or does one need to request it go to probate?
answered on May 8, 2015
If there are probate-able assets, then yes it has to go through Surrogates Court- either probate or by administration (without a will). Usually you'll find you won't be able to even access the money/assets without Letters by the Court. Good luck.
Inherit anything, but will was never found. Because she was born out of wedlock is she legally entitled to anything?
answered on May 8, 2015
I hate to give advice on questions like this because this is obviously more involved than one sentence. Call a probate attorney and schedule an appointment because I know you're going to have 10 follow up questions. Many give free consultations. Good luck!
Home is paid for . Judgement exceeds value of his home that is in his name . Children have no interest in estate because they are assuming it will be lost to judgement .
answered on May 8, 2015
You bring a creditor's petition. Hire a probate attorney for it, it will get involved. Good luck.
answered on May 8, 2015
Probably yes. Need to parse out the family tree a bit to give specific advice.
My brother is handling everything himself. We shared heatlhcare proxy and poa, but he did not include me in any decisions and now is making all the decisions about the estate
answered on May 8, 2015
Usually probate is conducted in the county in which the decedent was domiciled. That's where I would get my attorney. Good luck.
answered on May 8, 2015
You don't have to contact hers. You can contact any estate attorney and they can get the ball moving. Good luck.
The will state's I am executor and am left everything and hv no other family, want properties in my name do I need lawyer
answered on May 8, 2015
If you have to go through a full probate proceeding I would suggest yes. It's complicated, can take years, and is stressful. Why not hire someone to do it right? Good luck.
I have cousins and nobody wants to sign papers for anybody to be the executor
answered on May 8, 2015
It my fall into litigation if there isn't harmonious agreement. Most wills usually state who the executor will be. If that person is not able or willing, usually there is a successor.
My gut says you may be having problems with the waiver and consents and it might be time to get some help.
Will only mentions property in Puerto Rico where they resided.
answered on May 8, 2015
So if they were truly jointly held, probably not. I'd have to see the actual account to give a real answer. Good luck.
I have no contact with other siblings and wish to obtain all available Probate info on a confidential basis without the knowledge of others.
Can the Executor/s take as long as they wish to commence distribution of Estate assets. Thank You
answered on May 8, 2015
I would start small and check the Court file. If you don't know how or don't have the time, contact a ny probate attorney and he/she will certainly by able to help you figure this out to the best of their ability. Good luck.
Can he make me leave before I have a place to live.
answered on May 8, 2015
There is something called a partition action that can force the sale of the house. If you're on good terms with your brother or not, an attorney isn't a bad idea in this situation. He/she can help you hammer out some of the issues and guide you through Surrogates Court. Good luck.
Yet the lawyers office won't talk with me because I am not the executor should I get a lawyer because this is taking a long time I live in illinois and my dad lived in New York when passed away
answered on May 8, 2015
There's obviously more facts that need to come out. Most attorneys will do some provisional fact-finding work for you at a reasonable rate so that you can make an educated decision whether you have a case to make or not. There are usually many variables going on in an estate, and it's... View More 
There is a will in nyc, lawyer is filing that her estate is under and not over 49,999.00.The lawyer is not including her mortgage in las vegas home under nys law since she...my mother resided in ny for more than 2 yrs. He wants me to sign first, beforehand and will file that in Serrogat court
answered on May 8, 2015
Anyone can hire an attorney to represent their interest in Surrogates Court during a probate petition and sometimes it is necessary if your interests are not being represented. Speak to a probate attorney to explain your exact situation and he/she will be able to guide you.
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