The person is married and has children, lives in New York..
My wife’s mother passed away. We are not sure if her bank account had a beneficiary or did she have a will.
Her mother is legal married..
would happen to her bank account now that she is deceased?
What... View More 
answered on Nov 15, 2023
Depending on the size of the account the wife needs to file an administration proceeding of some type.
answered on Nov 2, 2023
You don't need a lawyer. Just have the clerk help you fill out the forms.
The will was created while I was a minor and never updated. I am an adult now. In the will, personal representatives are named. Only one is still present. In filing documents with the court, I was told that I am unable to receive the paperwork needed because of these representatives being named.... View More
answered on Nov 1, 2023
You are going to have to file a petition and cite the party refusing to comply. Should the party come forward, the document says what it says, and will be enforced.
to make a long story short...a woman, who had 3 kids, at age 75 developed brain cancer and she had no will...after brain surgery one of her kids took over her health and asset management and had a will written by a lawyer in which one of the children was left almost nothing from the estate. The... View More
answered on Oct 25, 2023
It is perfectly legal to disinherit a kid or treat kids unequally. The short answer is that both grounds, undue influence and lack of capacity, are challenges. But, they are very fact specific, and the burden of proof is on the challenging party. You need medical evidence in support.
My wife and I own a home together in Orange County NY. Many years back, my wife under duress wrote a letter stating that upon the sale of our home, her mother would receive 1/3 of the profit from said sale. Is this letter legal. It was written as an email and only signed by my wife. The document... View More
answered on Oct 20, 2023
Maybe as a contract between your wife and her mother, but not as a lien on property or any restriction on the sale. If you do not pay the mother, she could in theory sue under the contract, which seems to be likely unenforceable.
I purchased a property under an llc. Unbeknownst to me the deed was fraudulent. I signed the deed back to the real owner. I did some repairs until I found out the deed was fraudulent. The real owner is now suing my llc and me personally for treble damages done to the property. Can they go after me... View More
answered on Oct 19, 2023
Anyone who pays the $210 filing fee can sue anyone for anything. Your issue is whether you can win. That will turn on the documents you have, and the facts of what you did, none of which are clear from your post.
Hi,
My father recently passed away. About 5 years ago my father told me that he recorded a new deed for his house. The new deed transferred ownership from him, to him and me, with joint tenancy with the right of survivorship. We found the original deed in his house, it was completed and... View More
answered on Sep 16, 2023
Yes it can be recorded and must be recorded to pass title. However recording a deed post death could open up a challenge from other heirs if sny.
The house was sold and there is a Will. There is a beneficiary who cannot be found. Letters have been sent and the letters have been returned to the sender. We visited the address and they no longer live there. There is no phone to communicate. Other beneficiaries are concerned that if this... View More
answered on Sep 12, 2023
There is a proceeding to bring where the money can be paid into court for that person, and the others can be paid.
My brother & I inherited a house in Albany County and we need to transfer the title into our names. We have an active payment agreement for taxes with the Albany County Finance Department. Do you know how we go about this?
My mother passed away with a will and I am the only named beneficiary and also the named executor. Her estate was worth less than $30,000 (New York), so I filed for a Small Estate / Voluntary Administration. Two of her assets will be refund checks made payable to just her name (as opposed to... View More
My brother said he will use his own lawyer and my siblings and I will use the same lawyer . Can two separate party’s sue for the same reason. My brother said he wants to sue by himself without his siblings. So we decided to get our own lawyer.
answered on Aug 17, 2023
The right to sue belongs to the estate. Someone needs to be named administrator. There can only be one case. There are specialists in this area who do only nursing home negligence cases. It is contingency fee work.
I formed an LLC already. Unaware after reading some websites that licensed professionals are supposed to form a PLLC but I wanted to confirm if that is true.
Problem is, we have introduced a new product that does not violate our lease or lease rider but another retail tenant opposes our right to sell our product. We have just learned that the type of product we sell violates a clause between the landlord and the other tenant BUT does NOT violate our... View More
answered on Aug 5, 2023
It would depend on the terms of your lease. The two issues are whether the landlord must offer you a new lease at all, and whether this issue you are raising is relevant.
I purchased a new kitchen install and the company charged me twice. I disputed one of the charges and they credited me for both charges. Example//I owed $10,000. They billed my credit card $20,000. I called and disputed $10,000 and they credited my account $20,000 leaving me a balance due of $-0-... View More
answered on Aug 4, 2023
They have six years, as the payment is the subject of a contract between you and the installer. The credit card has a shorter statute but the claim lies with the installer, not the bank.
He paid for a good amount of the trip, but at the time had offered and was okay with everything. We were apart of a non profit org together, and after we removed him from the board for sexual misconduct (against me) hes retaliated. Hes sent me an invoice for our trip of over 1200 dollars. Am i... View More
My friend wanted to get 2 cars under my name to use it for a taxi service and that he would pay for it. I agreed and I am in $120,000 in debt because he didn’t pay it.
answered on Jul 25, 2023
Yes, your friend, if you can prove he agreed to pay with something in writing.
She has been committing identity fraud/theft against me since at least 2021. Various loans, credit cards, and accounts have been created using my name, date of birth, and SSN. I was not aware of this problem or consented to these accounts. I only found out after moving out and tried to apply for an... View More
answered on Jul 25, 2023
The lenders are not going to let you off, and her off. Someone has to pay. Thus, if you are submitting fraud affidavits, the lenders will definitely give it to law enforcement as it is Federal bank fraud. You do not choose who gets prosecuted. The DA chooses.
It says If Tenant shall, (a) file for bankruptcy or for protection against Creditors under the laws of the United States or any state; (b) enter into an arrangement or composition amount creditors; or (c) have any insolvency or bankruptcy proceedings instituted against Tenant by a creditor; then... View More
answered on Jul 19, 2023
That is not how it works. You can assume your lease by agreeing to make payments going forward.
Hi.
I’m reading a title now where the husband and wife took title in 1966 as John Doe and Jane Doe, his wife. Said husband has passed and contract of sale shows “Jane Doe as to 50% and the executrix of the will as to the decedents 50% as sellers”.
Since title was never... View More
answered on Jul 8, 2023
The divorce severs the entirety interest and creates a tenancy in common. Accordingly the contract is right.
I opened the package as it was addressed to my address and i had recently ordered something from amazon, but instead of a book, two 1oz bars of platinum fell out of the package. A few days later, a manager from one of the local post offices came to my door asking if i had gotten the package, i... View More
answered on Jun 22, 2023
You do not get to keep them. You know the bars are not yours, and it was an error. "Finders keepers" is not a New York State law.
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