Is there a time period in which this must be done?
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answered on Dec 1, 2020
You must file a petition in Surrogates Court to be given power to probate the Will and administer the estate, which would include transferring the house.
The person left no will
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answered on Nov 24, 2020
If a person died without a Will or a Trust and had property, assets or claims in their name that need to be distributed or pursued, an Administration proceeding must be initiated in Surrogates Court. It must be brought in the County where they resided prior to death. At the present time, there... View More 
My mom passed over a year ago and we had the deed set up as joint tenants with right of survivorship. The title company just notified me there is no evidence of her passing since she was married and her death certificate states my step dads last name. Is there any way to avoid probate and prove to... View More
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answered on Nov 19, 2020
A copy of the marriage certificate should be sufficient proof of the name change. This would require communication with the title company to determine what else is concerning it.
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answered on Nov 13, 2020
When a life tenant dies, the owner of the property has full rights. In other words if a property is deeded to A, reserving a life estate for B, when B dies, A has full rights to transfer or sell.
I am in NY. I was at a dog park alone with my medium mixed rescue dog and he was triggered by a puppy coming in. While we (the puppy’s owner and I) tried to break up the two, my dog bit the lady’s leg. We separated the dogs and an ambulance came while I waited. A Police report was filed. I... View More
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answered on Oct 21, 2020
I suggest you have her sign a General Release and agree to pay any medical bills not covered by her insurance.
We just wanted to know if it's in our best interests to vacate as soon as possible. I assume the landlord will get a much higher rent since it's rent stabilized. Can the landlord charge double rent, i.e., to my mom's estate and to the new tenant? I don't think so, but just thought i'd confirm.
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answered on Oct 17, 2020
No. The landlord can only recover lost rent. If he rents it out it is not lost.
We are fostering a special needs cat from a veterinary clinic which was also my fiancé’s employer. The Foster agreement was meant to lead into an adoption. However due to circumstances that were unavoidable she resigned her position. Now there is conflict with clinic which might lead to them... View More
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answered on Oct 15, 2020
Most fostering agreements do not contain provisions for ownership. Any legal rights that you may potentially have will be contained in the fostering agreement or through written or oral statements made by the employer.
its been 6 years already and he obviously had no intention of notifying the beneficiarys that everything was completed nor did the executor, something is very fishy, I contacted the attorney and asked for all papers he said I will try to get things together, Said its been 6 years he said I really... View More
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answered on Oct 7, 2020
That seems like a very long time for you to not be informed of the delay.
No estate account and no executor has been appointed
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answered on Sep 29, 2020
The account must have a named beneficiary. Upon death of the owner, it is supposed to be transferred to the beneficiary.
I’m in desperate need of help. Some key facts are as follows:
• Husband’s Brother Dies in Hospital in December 2015
• Husband becomes Executor of his Estate
• All Siblings and Parents are Named Beneficiary of Estate
• Wrongful Death Suit is Filed (in CT)... View More
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answered on Sep 29, 2020
If you husband is a beneficiary of his brother’s estate, his wife (you if you were married at time of death) and children are entitled to his share since he survived his brother.
The executor of my mother's estate says that estate expenses come out of the residuary estate, and since I'm the beneficiary of 65% of the residuary estate (and my brother is beneficiary of 35% of the residuary estate) that the estate expenses will have to be paid 65% by me and only 35%... View More
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answered on Sep 25, 2020
Any estate expenses are paid before distributions. I’m not sure what you mean by will’s expenses.
It’s a grantors trust established in NYS
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answered on Sep 21, 2020
For tax purposes, a revocable trust is considered property of the grantor. Grantor’s ssn is normally used.
My grandfather accidentally hit someone's dog the other day, and left the scene (which he's already been ticketed for), and the dog didn't make it. The dog's owners tried getting him to pay the vet bill for the services the dog recieved before passing. Does my grandfather have... View More
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answered on Sep 15, 2020
He should speak with his car insurance company. However, I believe that he is liable from what you have said.
After settling for $100,000 $50,000 was left from bills and attorneys so there was nothing left for me and my sister
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answered on Sep 15, 2020
No.
I am both an administrator and the sole beneficiary of my late father's (small) estate in NY. I've already got letters of administration from the surrogate court. I paid funeral expenses two months ago with my own funds. After I distribute the remaining funds to myself, I need to fill out... View More
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answered on Sep 11, 2020
It is understood that this refers to funds that still need to be disbursed. I suggest you call the clerk of the Surrogates Court to see what they recommend. You can add the words “as administrator” to be clear.
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answered on Sep 8, 2020
Trustees are different from Administrators or Executors of estates. Trustees of trusts get an annual commission. Administrators and Executors are not paid annually. There is a schedule of fees under the law. The answer to your question depends upon whether this is a trust or an estate.
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answered on Sep 8, 2020
Yes. But the Revocable living trust should provide for a lifetime asset protection trust to protect it from his wife, creditors and others.
Person died in north carolina and resided there 2 years
Property and residence in new york 80 years
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answered on Sep 5, 2020
You must first petition the court in North Carolina. Once you are given the power to administer the estate there, you would apply for ancillary letters to be given the power to sell or transfer property in New York. If most of the property is in New York, you should speak to a New York attorney... View More
We all live in different states and another country. We are being sent papers to review and sign. What are these papers. This person we are told is our uncle. Lawyer found my father to notify but he has passed now lawyer wants us to sign papers but did not explain what they were for. Just told us... View More
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answered on Aug 30, 2020
Without seeing the paperwork, no one can properly advise you. Normally, when someone files a petition to be granted power to administer an estate, they ask potential distributees to consent to their appointment.
I licensed him under my name and I’m trying to find somewhere to microchip him under my name as well. My mom has paid all his vet bills because I didn’t have a way to but I have a job now and a way to pay for his medical needs when it comes to that time. I just want to know if there’s... View More
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answered on Aug 17, 2020
Dogs are supposed to be licensed in New York State. That can be used as further proof of ownership. You will only need to prove ownership if the issue is litigated.
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