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Questions Answered by Bonnie Lawston
3 Answers | Asked in Estate Planning and Probate for New York on
Q: My dad passed on August 20 2021 and my mom passed on June 27 2021, i live in my dads house and have since 1995 this has

been my permanent residence and i have two children who reside here and are registered to school here and have been since birth. the house was bought between my mom and dad, i have step siblings who have a diff mom, is there anyway they can take over this house through probate? my dad didn’t have... Read more »

Bonnie Lawston
Bonnie Lawston answered on Sep 5, 2021

If the deed was held as husband and wife, with rights of survivorship, then it passes to the last spouse, your father who died after your mom. Your father’s children share in his estate. You can buy them out at fair market value and save on broker fees and other.

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1 Answer | Asked in Probate for New York on
Q: Equal heir - before the house is sold, do I have rights of entry to review household items to be chosen from?

The house is left equally to all heirs, to be sold and cash distrusted.

The will notes all house hold items are to be equally divided. If we are in disagreement, the the executor can devises a system of distribution of the house hold items.. if there is still a disagreement, then the... Read more »

Bonnie Lawston
Bonnie Lawston answered on Jun 25, 2021

The executor is responsible for the administration of the estate. Thus, the executor can prohibit entry to the house if there are concerns that something will be taken without permission. If the item has a monetary value it should be paid for even if it’s an heir that wants the item so the... Read more »

1 Answer | Asked in Probate for New York on
Q: Does pretermitted children include unborn nieces and nephews at time of the will or just children of the testator?

The decedent did not have any children of his own. He created a will in 1971 (NY) and it included his nieces and nephews at the time but additional nieces and nephews of the same family units already included in the will were born after 1971 and his will was never updated to include them. Are... Read more »

Bonnie Lawston
Bonnie Lawston answered on Apr 30, 2021

It depends on the language and intent of the testator if the additional Nieces and nephews take.

1 Answer | Asked in Probate for New York on
Q: Is the nominated executor allowed to retain a lawyer to 'Manage the Estate' without first being approved as executor?

The nominated executor retained a lawyer to manage the estate of the decedent 5 months prior to being approved as executor. What then is the duty of the executor if there is also a Probate Estate Manager?

Bonnie Lawston
Bonnie Lawston answered on Apr 30, 2021

A nominated executor (named in the Will) or executor (appointed when Will is admitted to probate) should retain an attorney to assist them with the administration of the estate and legal affairs. The executor should be managing the assets such as collection the mail, providing information to the... Read more »

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