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Questions Answered by Joseph Martin Carasso
2 Answers | Asked in Probate for New York on
Q: Both my children are in a will in probate should they have a lawyer.
Joseph Martin Carasso
Joseph Martin Carasso answered on Nov 27, 2013

Generally a lawyer is not needed if you are a beneficiary under a Will. The Executor has a lot of work to do and will need at least 7 months (and maybe longer) to complete their work, that is, to gather the assets of the estate, transfer title and then arrange for distribution. You would need an... Read more »

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1 Answer | Asked in Estate Planning for New York on
Q: Can a will be changed after a persons death?

If an Executrix is appointed for ten years can she give up her responsibilities and turn the estate over to the person it is in trust to?

Joseph Martin Carasso
Joseph Martin Carasso answered on Nov 4, 2013

With the Court's permission, an Executor may withdraw and a new Executor appointed.

1 Answer | Asked in Estate Planning for New York on
Q: Generally, is a retainer required to hire an attorney to sue the executor of an estate
Joseph Martin Carasso
Joseph Martin Carasso answered on Nov 4, 2013

If you are asking if a Retainer - Engagement letter/agreement is required, it is required for the attorney to present the Retainer - Engagement letter to all clients. If you are asking if a deposit is required to retain an attorney, that is between you and the attorney, and depending on the type... Read more »

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