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.
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!
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.
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.
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 »
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
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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