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

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.

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

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

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

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

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

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.

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

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

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

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.

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

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

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

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

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

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.

The deadline to challenge a will in Florida is 20 days, 3 months, or 4 years depending in the proceeding and circumstances. You should consult with an attorney immediately to review your case before you assume anything.