T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 22, 2023

In most cases in New York City, if you own a house, you also own the land it's on, known as "fee simple" ownership. However, there are exceptions, like land leases in some co-op buildings, where you might not own the land. If you're paying property taxes and have a standard... View More

While an estate can owe funds for debt of a decedent which can be deducted from the distribution of their assets, you would not be liable on a loan you did not sign (in other words, you cannot “inherit” a loan). You can, however, inherit real estate and that real estate may be encumbered by a... View More

The term "left" is ambiguous. If the mutual fund had someone as the beneficiary and that beneficiary predeceased, the fund reverts to the decedent's estate. If the mutual fund was bequeathed in a will, then the will must be reviewed to determine if someone else specifically gets... View More

Check the Surrogate's Court of the county he might have filed his will, typically that of his residency, for a will. If nothing is there, contact the attorneys you are aware he most recently used for legal matters. If that's a dead end, run an advertisement in the local bar association... View More

Distribution of assets down the lineage to classes of beneficiaries depends upon the specific wording of the Will, which must be reviewed, as a determination of whether the testator's intent was that the estate assets were to pass down the lineage by per stirpes or per capita must be made.... View More

No, in NYS the testator does not sign the affidavit, just the Will. The affidavit is meant to serve as a substitute for the court to the live testimony of the witness(es) that the testator signed the Will before them and was of sound mind, etc. The reason for the affidavit is that often it is a... View More

In NYS, if your mother died a widow and without a will, then your brother was never an executor. If he was an administrator recognized by the court there is a record of that in Surrogate's Court. If you are entitled to a share of the property in this if your mother died intestate (without a... View More

I'm sorry for your family's loss. It would probably be better for an attorney who practices in the Probate & Estate Planning areas to offer guidance to you. The question is posted under Civil Litigation, and that's probably why it wasn't picked up. The issues you describe... View More

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 21, 2023

In New York, a trust can own a corporation through strategies such as creating a holding company or a subsidiary structure. In a holding company approach, the trust establishes a corporation that owns shares of another corporation (LLC or S corp). Alternatively, a subsidiary structure involves the... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 21, 2023

Hire a NY attorney, not a title outfit. He will need to determine heirship, search the title, and ultimately determine who owns the tract. Who has been paying taxes? If not you, it may already be someone else's. Probate might be required, but probably heirship and/or taxes control... View More

If he is the appointed executor by the probate court, you can make a motion to substitute him as executor because he has passed and the estate assets have not been distributed. The executor cta or new executor will then sell the property, satisfy any outstanding debt and make the distribution in... View More

Yes, in NY the spouse needs to file a claim aka a right of election within the statute of limitations period or be barred forever.

you cannot disinherit your spouse. In other words, under New York Probate law if you do not get along with your spouse, but choose to stay married, you cannot... View More

Benjamin Z. Katz Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2023

The ability of a custodian to make withdrawals from a UTMA account before the child reaches the age of majority is limited. Generally, unless there is some demonstration that a child's parent is unable to pay for their education, it is improper for a custodian to withdraw funds. However,... View More

You should first speak with the legal department. Some banks such as BOA, may allow an affidavit to be completed. Other banks may require the appointment of a fiduciary such as yourself by the Court to collect the funds. Due to the amount, it would be a small estate proceeding. You can contact... View More

Less likely than with the credit card debt.

Because secured creditors are in an improved position over unsecured creditors, they have less incentive to settle debts; unsecured creditors often have little to no recourse from a debtor (who may, e.g., die or file bankruptcy). Letting a... View More

Capacity is an issue that can be raised to challenge whatever you do. Try to get a doctor to write that he has capacity to make a deed on the day you do the deed.

If your aunts inherited the property, they would generally have the right to sell the property. However, the sale of the property does not result in your immediate eviction. Instead, as a tenant or an occupant in possession of the property for more than 30 days, the owners of the property would... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 25, 2023

You will want a PR attorney to search that Title and determine ownership. If Mother is a grantee on an enforceable Deed, then the property is probably hers since Testator died without owning something to devise. The Deed must be examined, and that grantee/owner must pay taxes, insurance and... View More

That language (without your name listed as a grantee) does not mean that you are an owner of the property during her lifetime; you do not become an heir until she dies without a will. Rather, that language indicates that the property passes to her in all respects even after her death; as opposed... View More

Even if there is a will, the next of kin must be cited, as the next of kin is a necessary party. Here, you do not know the next of kin, as it will likely be a cousin. Thus, the court is right. However, you can do your own search. Call the Polish consulate in NYC, and see if there are records... View More