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.
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answered on Aug 17, 2023
Any action must be brought on behalf of your mother’s estate. Someone must petition the Surrogate’s Court to be appointed Administrator or, if there is a Will, Executor. If she was married at the time of her death, her spouse has first priority to petition. If not, all natural born or adopted... View More 
Grandparent set up UTMA accts for both of my children which are valued close to million each. Grandparent is estranged from grandkids and refuses to use money in acct for schooling. Children cant even get financial aid (FAFSA) as value in UTMA accts would be held against them. Is there any legal... View More
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answered on Jul 21, 2023
The ability of a custodian to make withdrawals from a UTMA account before the child reaches the age of majority is limited. Generally, unless there is some demonstration that a child's parent is unable to pay for their education, it is improper for a custodian to withdraw funds. However,... View More
He says he needs “formal notice” - ME won’t release body without proof I’m executor (ie, the Will) so I cannot get a death cert or anything. I’m stuck as I need the Will to get the death cert, make arrangements, get access to apt., etc.. Can the lawyer be made to release the Will to me??... View More
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answered on Mar 10, 2023
Surrogate Court Procedure Act (SCPA) Sec. 1401 authorizes a proceeding to compel anyone who has custody of the original Will to produce it. If you are a spouse, parent, child, or sibling of the deceased, you are eligible to receive a copy of the death certificate if one has been issued. You would... View More
The deceased was originally from New York. Only assets in the estate are a condo in the Puerto Rico is mentioned in the last will and testament. In which court should a probate be held? In which Surrogates court should a probate be held? Which city? County in New York or in local court Puerto Rico?
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answered on Jan 8, 2023
Estate proceedings are brought in state and county of decedent’s residence. If there is a Will, it is brought as a probate proceeding. If there is no Will, it is an administration proceeding. Once the court appoints a fiduciary for the estate in New York, an additional (ancillary) proceeding can... View More
Are married. One sister dies in NY with no will. What happens to her share of the estate(25%) she had 3 kids and husband when she died. Thank you for your help
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answered on Dec 19, 2022
Sister’s share becomes part of her estate. If she died without a Will, after certain property is exempted, the first $50,000 goes to the spouse and the rest gets split 50% to spouse and 50% to be split evenly by the children.
My friend is a nursing home resident who has been receiving Medicaid to help pay for her care. Her brother passed away and his home health aide (HHA) has filed a purported will in a NY Surrogates Court. Its signing was not supervised by an attorney, no self-proving affidavit was completed, one of... View More
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answered on Dec 11, 2022
Let me understand what you are asking. Your friend's brother passed away leaving, what may possibly be an invalid or fraudulent Will. It was submitted to the court by his health aide who, I assume, was named the Executor. Your friend objected to the aide's appointment. You want to now... View More
Can I get the form from your office?
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answered on Dec 10, 2022
If you want the forms, they are available to the public at:
http://ww2.nycourts.gov/forms/surrogates/smallestate.shtml
You can find a notary fairly easily if you want to do it all yourself. Otherwise, many attorneys who practice in the area of probate and administration can prepare... View More
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answered on Dec 9, 2022
I would need more information to answer this question. Does this letter prescribe an emotional support animal? Is your regular doctor a mental health professional? I assume your residence has a no pets policy. If that is the case, there are limited situations where a landlord may refuse to... View More
My dogs contracted parvovirus no veterinarian in nyc would help me unless i had funds which i dont. i had to surrender the puppies to ACC (Animal control center) they had me sign surrender form and told me that i cant get them back because im surrendering them. which i get but these are my... View More
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answered on Nov 19, 2022
By surrendering them, you have no further legal claim. If they are being re-homed, you can apply to adopt them. However, your inability to provide for their medical needs in the past will likely be taken into account.
She has neglected her obligations for over 6 months. she is frail and forgetful. she's financially solvent Recently I helped her pay the following: rent arrears to the landlord's lawyers, Con Edison shut off notice, cable tv, land line phone, car insurance, car mechanic. but she cannot... View More
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answered on Aug 15, 2022
If you believe she can understand what she is signing and wants to do so, she can sign a POA. If she does not understand or understands but does not want to, you will need to petition for guardianship. You should not try to do this without speaking with an attorney.
The house is in her name, her live-in boyfriend has a few bills in his name but not on the house.
She did NOT have a will.
The house is in semi-okay condition. It needs a lot of work. I would like to know how/when I should get the process started for putting her house on the market... View More
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answered on Jul 2, 2022
By operation of law, ownership of the property passed to the children. You may be able to avoid filing a petition is Surrogate's Court. However, there are pros and cons. You should consult with a probate attorney and then consult with a real estate attorney to handle the sale. Many... View More
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answered on Jul 1, 2022
Expenditures are not generally an issue. The concern is when there is a substantial transfer without value received in return. For instance, paying $1000 per month for rent will not raise eyebrows so long as there is no question that the rental unit was being occupied. On the other hand, paying... View More
THE DEED IS IN BOTH MY MOMS AND DADS. THE KIDS ARE NOT ON THE DEED. HOW DO WE PROCEED WITH THE CHANGE OF DEED WITH THE CHILDREN NAME ON IT IN CASE OF MOTHER PASSES AWAY. HOW DO WE INSURED THAT THE PROPERTY IS RIGHTFULLY OURS
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answered on May 19, 2022
If the property was acquired by your parents during their marriage, it was probably owned as a “tenancy by the entirety”. That means when your father died, your mother was automatically 100% owner. There are several options to make sure it goes to the kids upon her death. She can sign a new... View More
My mom just bought a condo for $420,000. She has a ESA dog (letter to verify) but the condo sent her a letter saying in order for the dog to live there she needs to take out a $1,000,000 liability homeowners policy if she wants the dog to be allowed. Is this legal? She already have a regular... View More
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answered on Aug 24, 2023
It is not legal to require additional insurance in exchange for providing a reasonable accommodation to a person with a disability.
An American Lawyer contacted me to say that they found out I have an unclaimed heritage (I'm Italian) by a aunt that died almost 20 years ago. They didn't gave me too much details but they made the last name of my grandmother. They told me the state of new york holds the money of the... View More
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answered on Jul 14, 2023
Go to the following website. Search for the relative and follow the procedures to file a claim. You will need documentation showing your relationship to the decedent. You may need to hire a genealogist.
https://www.osc.state.ny.us/unclaimed-funds
The estate I represent is winning a wrongful death award. My sister passed in an accident. Can the award be divided by the judge to benefit 3 people, (my mother, other sister and I) ? The interest of this would be that the award would not be taxable for anyone.
Thank you,
Claudia
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answered on Mar 25, 2023
Claudia,
In general, awards for wrongful death are not taxable. However, if a portion is meant to compensate for pain and suffering or lost wages it can be taxable.
in NY
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answered on Mar 9, 2023
If you wish to challenge a decision or order, you may move to reargue and also appeal. Moving to reargue does not preclude an appeal.
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answered on Feb 24, 2023
No. A Power of Attorney is only effective during the lifetime of the person signing (the principal). Once that person dies, it is no longer in effect. Upon being appointed, an Executor has full power to collect the decedent's assets and administer the estate.
Our parents owned our family house in Lynbrook, NY since 1962. My mother died in 1974. Dad married Clare soon after and in 1996 added C to the deed. He passed away in 2004. C removed his name from the deed. I have copies of the deed and subsequent alterations. Neither our father nor mother had a... View More
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answered on Feb 16, 2023
If Clare was added to Deed as a joint tenant, she was entitled to 100% when your dad passed away. If she is listed as a tenant in common with your dad, you may be entitled to something.
I am in new york
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answered on Jan 6, 2023
Your mother must be able to understand what she is signing for her to execute a Power of Attorney. If she is unable to do so, you will need to apply for guardianship with the Court.
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