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Questions Answered by Anthony Nigro
1 Answer | Asked in Probate for New York on
Q: If someone's will was never found, but had a substantial amount of estate, does it NEED to go through probate?

Just wondering if it is legal for the spouts of deceased to determine who gets what, or must it go through the probate. Or does one need to request it go to probate?

Anthony Nigro
Anthony Nigro answered on May 8, 2015

If there are probate-able assets, then yes it has to go through Surrogates Court- either probate or by administration (without a will). Usually you'll find you won't be able to even access the money/assets without Letters by the Court. Good luck.

1 Answer | Asked in Probate for New York on
Q: I just found out that my sister was born before my parents got married. Before my dad died he did not want her to inher

Inherit anything, but will was never found. Because she was born out of wedlock is she legally entitled to anything?

Anthony Nigro
Anthony Nigro answered on May 8, 2015

I hate to give advice on questions like this because this is obviously more involved than one sentence. Call a probate attorney and schedule an appointment because I know you're going to have 10 follow up questions. Many give free consultations. Good luck!

1 Answer | Asked in Probate for New York on
Q: How do I force payment of judgement on dead mans estate if his kids won't start probate . NY Law . Personal judgment .

Home is paid for . Judgement exceeds value of his home that is in his name . Children have no interest in estate because they are assuming it will be lost to judgement .

Anthony Nigro
Anthony Nigro answered on May 8, 2015

You bring a creditor's petition. Hire a probate attorney for it, it will get involved. Good luck.

1 Answer | Asked in Probate for New York on
Q: My sister passed away w/out a will and the property she owns is only in her name and she was married, probate court?
Anthony Nigro
Anthony Nigro answered on May 8, 2015

Probably yes. Need to parse out the family tree a bit to give specific advice.

1 Answer | Asked in Probate for New York on
Q: My father died in Florida, my brother lives in Oregon and I live in NY. I need an attorney and I don't know which state

My brother is handling everything himself. We shared heatlhcare proxy and poa, but he did not include me in any decisions and now is making all the decisions about the estate

Anthony Nigro
Anthony Nigro answered on May 8, 2015

Usually probate is conducted in the county in which the decedent was domiciled. That's where I would get my attorney. Good luck.

1 Answer | Asked in Probate for New York on
Q: My mom died I'm only living son I don't know how to contact her estate attorney
Anthony Nigro
Anthony Nigro answered on May 8, 2015

You don't have to contact hers. You can contact any estate attorney and they can get the ball moving. Good luck.

1 Answer | Asked in Probate for New York on
Q: My dad passed and left house and property to me and I am the only living person, do I need attorney to get house my name

The will state's I am executor and am left everything and hv no other family, want properties in my name do I need lawyer

Anthony Nigro
Anthony Nigro answered on May 8, 2015

If you have to go through a full probate proceeding I would suggest yes. It's complicated, can take years, and is stressful. Why not hire someone to do it right? Good luck.

1 Answer | Asked in Probate for New York on
Q: what happens if all the Aires in a probate case don't agree

I have cousins and nobody wants to sign papers for anybody to be the executor

Anthony Nigro
Anthony Nigro answered on May 8, 2015

It my fall into litigation if there isn't harmonious agreement. Most wills usually state who the executor will be. If that person is not able or willing, usually there is a successor.

My gut says you may be having problems with the waiver and consents and it might be time to get some help.

1 Answer | Asked in Probate for New York on
Q: Father passed away. He had stock accounts with my mother ( joint tenancy). Are those accounts subject to probate?

Will only mentions property in Puerto Rico where they resided.

Anthony Nigro
Anthony Nigro answered on May 8, 2015

So if they were truly jointly held, probably not. I'd have to see the actual account to give a real answer. Good luck.

1 Answer | Asked in Probate for New York on
Q: My Mother (NYC/Manh. resident, died in 2013), named me in Will. Where can I learn the total value of Estate.

I have no contact with other siblings and wish to obtain all available Probate info on a confidential basis without the knowledge of others.

Can the Executor/s take as long as they wish to commence distribution of Estate assets. Thank You

Anthony Nigro
Anthony Nigro answered on May 8, 2015

I would start small and check the Court file. If you don't know how or don't have the time, contact a ny probate attorney and he/she will certainly by able to help you figure this out to the best of their ability. Good luck.

1 Answer | Asked in Probate for New York on
Q: I live in my mothers house for 50 years. She passed away a year ago. My brother is Executir of the will. It says 50/ 50.

Can he make me leave before I have a place to live.

Anthony Nigro
Anthony Nigro answered on May 8, 2015

There is something called a partition action that can force the sale of the house. If you're on good terms with your brother or not, an attorney isn't a bad idea in this situation. He/she can help you hammer out some of the issues and guide you through Surrogates Court. Good luck.

1 Answer | Asked in Probate for New York on
Q: My dad passed away and left everything to us 5 children he died Dec 5 2012 the house sold in October 2014 yet no money

Yet the lawyers office won't talk with me because I am not the executor should I get a lawyer because this is taking a long time I live in illinois and my dad lived in New York when passed away

Anthony Nigro
Anthony Nigro answered on May 8, 2015

There's obviously more facts that need to come out. Most attorneys will do some provisional fact-finding work for you at a reasonable rate so that you can make an educated decision whether you have a case to make or not. There are usually many variables going on in an estate, and it's... Read more »

1 Answer | Asked in Probate for New York on
Q: What it 2 siblings do not get along, when can they have 2 separate probte lawyers

There is a will in nyc, lawyer is filing that her estate is under and not over 49,999.00.The lawyer is not including her mortgage in las vegas home under nys law since she...my mother resided in ny for more than 2 yrs. He wants me to sign first, beforehand and will file that in Serrogat court

Anthony Nigro
Anthony Nigro answered on May 8, 2015

Anyone can hire an attorney to represent their interest in Surrogates Court during a probate petition and sometimes it is necessary if your interests are not being represented. Speak to a probate attorney to explain your exact situation and he/she will be able to guide you.

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