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3 Answers | Asked in Family Law, Probate and Estate Planning for New York on
Q: How can I find out if my deceased brother has any open bank accounts like savings or certificates of deposit?

I am my brother’s only living heir.

Bonnie Lawston
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Bonnie Lawston
answered on Apr 2, 2024

The best way is to run a social security search. However, if you were appointed as the fiduciary of his Estate you could contact the IRS and obtain a transcript to see what has been reported in the past, contact the local banks and other financial institutions and review all his records, bank... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: My dad’s name was taken off the deed years ago. Is he still entitled to inherit if my Mom died years later w out a will

She asked him to take his name off the deed which she did in 1994. She passed in 2019. He was always responsible for the mortgage payments. This is in NY

Bonnie Lawston
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Bonnie Lawston
answered on Apr 2, 2024

If they are still legally married, he is entitled to his share as the spouse regardless of whether his name is on the asset or not. However, if his name is on the asset, it may change how and what percentage passes depending on the way title is held.

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2 Answers | Asked in Probate, Estate Planning and Civil Litigation for New York on
Q: can a will/or unofficial will be contested by a non family member ?

can an court appointed admin of an estate pick and choose what to honor in a will/or unofficial will

Bonnie Lawston
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Bonnie Lawston
answered on Apr 2, 2024

The fiduciary must follow the terms of the Will, assuming it is admitted to probate. If someone has standing, even a non-family member, then they can contest the Will. They will have to timely contest the Will, file the appropriate Objections and comport to all Court rules and requirements.... View More

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1 Answer | Asked in Probate for New York on
Q: Can i access money from an estate i am an heir of while it is in administration now that it has completed probate
Bonnie Lawston
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Bonnie Lawston
answered on Jan 10, 2024

If you mean by probate is complete and a fiduciary has been appointed by the Court, it is up to the fiduciary pursuant to the terms of the Will and applicable laws, if he or she wants to make a partial distribution and if its proper under the circumstances. If it is proper under the facts of your... View More

2 Answers | Asked in Probate for Alabama on
Q: Can a home sale be done “privately” and does it have to be approved by probate court ? What about loan assumptions?

It is for a home loan. My father lives in the home. My mother had a Will and I am the executor of her estate. The home was left to my father in a Will. He lives there. It has a remaining balance. He is not on the deed. He is working to assume the loan because he wants to stay in the home. If he... View More

Bonnie Lawston
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Bonnie Lawston
answered on Dec 13, 2023

As the executor, you have the legal authority to transfer the property to the named person as the Will states. It depends on the languagein the Will if the Estate is responsible for the debt or the person receiving the real property. You do not need Court approval to sell the property in the... View More

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1 Answer | Asked in Probate for New York on
Q: What happens if you don’t get all notarized signatures back in probate

The will of my late aunt is in probate. One person on the family tree, a cousin with a criminal record , who is not a beneficiary, will not sign a notarized form so I can get letters testamentary to settle the estate. We have not seen this cousin in 40 years. Can probate proceed without his... View More

Bonnie Lawston
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Bonnie Lawston
answered on Dec 12, 2023

In most courts, you need to obtain jurisdiction over all necessary parties. If a necessary party refuses to sign the Waiver, then you have to serve them with a Citation to appear in court. After the waiver is filed or in this case, a citation is served in an affidavit of services filed. You can... View More

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Can you provide me with information on properly completing Proof of Heirship for a friend, a sole heir of her aunt?

I am completing the Proof of Heirship for a fellow church member and friend. Her deceased aunt is listed as beneficiary on an insurance policy where the policy holder recently died. In my discussions with the niece, along with genealogical research on the family, there are three siblings, all... View More

Bonnie Lawston
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Bonnie Lawston
answered on Dec 12, 2023

If you are not a licensed genealogist, and did not know that the student personally, I do not believe you qualify to sign the affidavit. The attesting person must know the decedent, and have personal knowledge of most of the information if not all. However, genealogist can prepare such a report and... View More

2 Answers | Asked in Family Law, Estate Planning and Probate for New York on
Q: My step mother of 5 years passed away and we are being told my that part of fathers estate will go to her children.

Will is not done yet and they are not in the will. New York state

Bonnie Lawston
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Bonnie Lawston
answered on Dec 12, 2023

If all of your father‘s assets passed to his spouse, then either Her will controls, or if she passed without a will, then intestate laws would apply. However, if there is no well, then, the law looks to the intestacy laws to distribute her estate pursuing to Next of kin.

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3 Answers | Asked in Estate Planning and Probate for New York on
Q: Estate inheritance question’ my Dad passed last month! He left a will but my step mother isn’t forthcoming.

Dad left me a letter that my Step Mom would sell the house and gift me with money from the sale. She even stated she would sell the house then get settled then split the proceeds between her son & I.

Last week I asked her to put something in writing legally. She then told me she... View More

Bonnie Lawston
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Bonnie Lawston
answered on Dec 12, 2023

You should definitely speak with an estate probate attorney before it’s too late or you sign anything. That being said if she is making such an offer perhaps she will put it in writing but again attorney. The letter that your father has left we have no weight in court. It’s a major problem.... View More

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2 Answers | Asked in Probate for Florida on
Q: What information goes in the consent and waiver of notice form for summary administration probate? Do you have an

example of the form?

Bonnie Lawston
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Bonnie Lawston
answered on Nov 9, 2023

Depending on the case, information regarding the heirs, assets and other statutory required information must be in the form. The form must be tailored by your attorney so that it accurate reflects the facts and circumstances so that it’s a valid Consent. The courts will generally provide a... View More

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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: I just completed Summary Administration in Florida. In the next couple of months. Will I have what I need?

In the next couple of months, I expect to receive 3-4 checks of varying amounts between $2k and 4$, all totaling around $12k. Some are IRS refunds, some are prorated insurance premium refunds and some are sold stock shares. I have a will naming me as the executor, the death certificate and will... View More

Bonnie Lawston
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Bonnie Lawston
answered on Oct 27, 2023

It is usually an issue. The order should be specific to deal with this issue. Banks prefer full Letters of Administration. With the right counsel, you should be able to get this done with a detailed letter and if not, amend the Petition and obtain an amended Letters of Administration. You will... View More

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1 Answer | Asked in Probate for New York on
Q: My mom left me her car in her will and I will pay it off with the money from her small estate. If the estate in New York
Bonnie Lawston
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Bonnie Lawston
answered on Aug 24, 2023

It depends on the language in the Will if you can use estate funds or take the asset subject to the lein. More often you can and should pay off the debt with estate assets. A careful review of the Will provides the answer.

2 Answers | Asked in Estate Planning and Probate for New York on
Q: Good afternoon,If a person dies, the person is married, had a will initially with the spouse in it.changes his will on

Death bed and took the wife off, He's passed away,so do the wife still have rights. They was still married.

Bonnie Lawston
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Bonnie Lawston
answered on Aug 24, 2023

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...
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1 Answer | Asked in Estate Planning and Probate for New York on
Q: My mom past away and had no will or anything like that but had a bank account but it only has 2,000 how do i get it.

2,000 to 3,000 in the account I dont want to do probate for only that

Bonnie Lawston
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Bonnie Lawston
answered on Jun 17, 2023

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

2 Answers | Asked in Estate Planning, Family Law, International Law and Probate for New York on
Q: Is a Heir Search required in NYC if we as the stepchildren are named in the will of our stepfather who came from Poland?

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... View More

Bonnie Lawston
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Bonnie Lawston
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... View More

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1 Answer | Asked in Probate for New York on
Q: Hello, my question is in regards to the petition for probate of a will in Nassau county

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?

Bonnie Lawston
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Bonnie Lawston
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... View More

2 Answers | Asked in Real Estate Law and Probate for New York on
Q: How long does it take a lender to find substitute Administrator ?

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... View More

Bonnie Lawston
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Bonnie Lawston
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... View More

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2 Answers | Asked in Real Estate Law and Probate for New York on
Q: Can the bank sell my property if no Administrator has been appointed?

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... View More

Bonnie Lawston
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Bonnie Lawston
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.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: MY SISTER INLAW DIED 2019 LIVED IN PUERTO RICO. DUE TO POOR HEALTH WE CAN'T TRAVEL TO PR-NEED A PROBATE LAWYER TO HELP

WE NEED A LAWYER TO GET INTO SAFTY DEPOSIT BOX TO SEE IF DEED TO PROPERTY IS THERE AND RETRIEVE MONEY AND JEWELRYAND SELL HOUSE-WE HAD THE WILL REGESTERED/CERTIFIED IN PR COURT-COVID CLOSED THE COURTS AND WE HAD TO LEAVE BEFORE AIRPORTS CLOSED-WE CAN NO LONGER TRAVEL WANT TO SELL THE HOUSE... View More

Bonnie Lawston
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Bonnie Lawston
answered on Aug 30, 2024

Please email us the details and information at bonnielawstonesq@gmail.com.

631-425-7299

1 Answer | Asked in Probate for Florida on
Q: Can a NYS POA sign a will on behalf of the principal?
Bonnie Lawston
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Bonnie Lawston
answered on May 17, 2024

No they cannot.

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