answered on Nov 15, 2023
Heirs generally sign the waiver unless you’re the petitioner but you should never sign any document that is not complete and accurate.
There are 19 nieces/nephews - 16 of then live oversears and/or had no role/interest in caring for our aunt or her health. Many of then are well off financially and dont need this money. Only 3 of us took care of her for 25 years. Can the 3 of us prevent them from benefiting from the Estate of... View More 
answered on May 12, 2023
No you cannot. If they are related, as you are, you all will share equally per class.
I’m entering into probate with my 25 year old domestic partnership who died from sickness. Sisters want nothing to do with him
answered on Apr 12, 2023
It does not matter how old the Will is so long as it was executed in compliance with the applicable laws. Please contact our office and provide a copy of the Will for a free evaluation.
Was waiting for him to find the title.But he ended up dying.
answered on Jan 8, 2023
The fiduciary of the estate can order a duplicate title and then sign it over to you.
I have received a copy of the will and athe paperwork of how everything is to be divided.
But I also requested an accounting twice and have not received anything showing the accounting of aunt's will or anything to sign. Aunt passed away almost 3 years ago. What can I do? They are in... View More
answered on Feb 28, 2022
You may compel an accounting 7 months after the appointment of a fiduciary and admitting the Will to probate. The accounting would also force the estate to distribute the funds. You do not need to be in NY but retain the services of an attorney who practices in NY. Our clients who have... View More
Both parties have equal share of real property stated in will.
answered on Jan 19, 2022
The executor has the right and obligation to administer the estate which generally means selling the real property as soon as reasonable possible and appropriate. The executor must do what’s right for the estate and maximize the inheritance no matter who is the beneficiary.
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... View More
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.
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... View More
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... View More
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... View More
answered on Apr 30, 2021
It depends on the language and intent of the testator if the additional Nieces and nephews take.
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?
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... View More
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