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lone parent passed away own home . no will 5 children . now 1 sibling is being threatened with garnishment of income due to outstanding 100k med bill. instead of placing lien on home. is this a normal ,legal procedure?
answered on Nov 10, 2020
No. They must have signed hospital papers as responsible party. You are right. It is for the estate to pay, if anyone.
CT is not my home nor do I intend to make it my home. Nevertheless, its laws, as told by a friend, are well suited to my purpose.
answered on Oct 26, 2020
I am not aware of any CT law that is unique in estate planning the way corporations use Delaware law for certain purposes. As you have not stated your purpose, no one could answer your question. The short answer is a will is probated in the court where you reside when you die. So, if you are a... View More 
answered on Oct 23, 2020
Short answer, yes. Long answer, this may not be the best estate planning if the values are high enough.
My dad the administrater changed the deeds ownership somehow to his own when my mom died intestate, she’s the sole owner of the properties. He said he is continually keeping rents from said properties when he dies maybe we will get our inheritance from them. There are 7 children. Nobody agreed... View More
answered on Oct 21, 2020
To deal with this you need to start a process in Surrogate's Court. An executor will be appointed and then your mothers property would be distributed according to the law Office cause there is no will.
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.
If we do find a buyer, are 2 different checks cut...one in my decease dad’s name and one in my living mother’s name? Please reply only if you are familiar with NY state laws. My POA is for my mom who is still living. The letter of administration is for my deceased father.
answered on Oct 17, 2020
A power of attorney ceases to have any effect upon the death of the person granting the power of attorney.
He died 20 years ago, he had no will. He had 3 daughters, including my mother, who are all still alive.
He was a singer/songwriter. Many of his songs were either typed on a typewriter or written in notebooks (only I have access to).
I want to publish his work, but I am afraid that... View More
answered on Oct 16, 2020
His songs were copyright property and, like everything else he had, passes to others by a will or, if no will, by state laws. Someone owns the property including the copyright songs. A granddaughter might have rights however, with a mother(wife?) and children, it is not likely.
Your use... View More
My mother passed away. She was married at the time of her passing. Then her husband passed away. Now I am in the process of filing for the 9/11 fund for my mothers passing. Because she was married at the time of her passing, do I have to find her husband's heir's? I would like to file for... View More
answered on Oct 16, 2020
You should still be able to file for Letters of Administration. However, if your mother's husband was living at the time your mother passed, his estate will still be entitled to a share of your mother's estate.
I am trying to apply for the 9/11 Fund for my deceased mother. I have been told that because she was married at the time of her passing her husband would be entitled. He has since passed away. My mother did not have a Will. They have no children together. If my mother's husband had any... View More
answered on Oct 14, 2020
You need to become the administrator of her estate. Who would get the money once collected by the estate depends on the family tree and times people died.
A home that is part of an estate has a leaking roof, as well as missing shingles, and a leaking chimney. The executor of the estate knew many weeks ago that the roof, and chimney had a leak when the home was appraised approximately 3 months prior. The executor did not share this information with... View More
answered on Oct 13, 2020
If this was a specific bequest, the estate is not responsible. You get what you get, as is. If it was a sale by the executor, the contract governs.
Hi, Im in NYS. My father just passed away. He had dementia and his other children got him to change insurance beneficiary also had him created a will knowing he had dementia
answered on Oct 6, 2020
The burden of proof is on you. When you get the notice of probate for will, you need to object. You need to write insurance companies ASAP and say you intend to challenge that as well. Ask them to freeze the payments, or say you are going to sue as they accepted a beneficiary form from someone... View More
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.
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.
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.
We lived paycheck to paycheck. He had been disabled for 24 years. How do I get the deed in just my name?
answered on Sep 14, 2020
You may not need to. If you are going to sell, Usually the title company will accept a deed granting to the buyer from the surviving spouse with a death certificate. If you do want to change the deed now, you would need to file a new deed along with the death certificate and transfer documents,... View More
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
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