Get free answers to your Estate Planning legal questions from lawyers in your area.
would the will be still valid? he was single he has one half sister a nephew and a niece. who gets what of his estate?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 16, 2020
You should ask an Alabama attorney. However, i suspect any changes made by hand will not be considered valid and may invalidate the whole document.
I live in Georgia and she lived in New York. I am the Executor of the will if appointed voluntary administrator is that all I need to carry out duties as Executor and will I be able to access banking info and have access to her apartment.
I am waiting to be reimbursed for the final expenses that I covered. The will stipulates that the estate will cover the costs. I paid the final expenses in April of 2019. My last correspondence with the attorney (about 6 weeks ago) was that because the decedent owned property in another country... View More 
answered on Jul 9, 2020
You cannot see the returns. You can go to the court to see the file to see if the estate is closed. Did you file a claim? If so, you can petition to compel payment of it.
Wants to have a meeting and my husband wanted me to join him the attorney advise my husband that legally he can only meet with the 2 trustees of the trust no 3rd parties allowed my husband was wondering if this is true as he did want me to attend with him and he does not like or trust his moms... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2020
If your husband and sister in law consent you can be allowed to attend. However, they must first understand how it impacts attorney-client privilege. I understand the attorney’s resistance but he should have explained it to your husband.
The trust divided her house into 4 ways. 1 of the beneficiaries has died leaving 3 of us left. 1 of the 3 is currently living in the home refuses to leave or settle the house affairs. I do not know how to obtain my piece of the house. I do not have money to hire a lawyer to settle this. The house... View More
answered on Jun 12, 2020
Who was appointed as the Trustee (administrator)? It is their job to distribute the assets. If they cannot do it voluntarily, as hoped, then their alternative is to file in Probate Court, to force the sale and distribution. They should hire an attorney if they are not one. The cost would come out... View More
The lawyer said the court is requiring my Dads death certificate in order to settle the first wife's estate...they were divorced in 1965 and she died in 2010
answered on Jun 11, 2020
Are you referring to a death certificate for your father? You have no legal obligation to provide this. You can ask for the cost of obtaining it to be reimbursed.
make a partial surrender of the policy to get money to pay my personal taxes. The trustees have agreed to this partial surrender . The insurance company has determined that the surrender is not a taxable event. What problems can I face legal or tax wise if i take the funds to pay my personal taxes.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2020
There are many potential issues, not the least of which is your use of the assets in this trust as your personal piggy bank could cause the whole purpose of the trust to be derailed. There is a right way to do this and a wrong way. You should consult with the attorney who help you set this up.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2020
You would have to begin an Administration proceeding to be named as Administrator for your father's estate and then you could sue her on behalf of the estate.
my great aunt left a will naming nieces and nephews.
only my mother's immediate family - two brothers and sisters were in close contact and took active care of her. i.e shopping. hospitalizations from repeated falls, helping her walk and treating her infections.
the other... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2020
Anti-lapse statute in NY allows children of named beneficiaries to receive gifts. Since the deceased beneficiaries died without children it doesn’t apply. Most properly drafted Will address that contingency. An attorney would have to see the Will to properly advise in this case.
answered on Jun 5, 2020
I agree that you should consult a lawyer before signing any document (not limited to the one mentioned) which can affect your rights as a beneficiary. Also, I would mention that if you don't sign, you will have a lot of time before any next step due to covid. The Surrogate's Court is... View More
I am located in new york.
I am trying to efile for voluntary administration as executor of my mother's will. Need to select either court action proceeding relief or court action non proceeding relief
answered on May 6, 2020
You cannot open a new matter in NYS courts yet. Thus, you cannot efile for a new voluntary administration under the procedure started this week.
This news had been kept from me since 2010. The terms of the IRA (part of the trust) have been changed. The terms of an irrevocable trust have also been changed. The family attorney (Welch & Zink, of Corning, NY) no longer represents the family in favor of ". . . a close friendship with... View More
answered on May 5, 2020
This is not a family law question, it should be posted in the trusts and estates section. In addition, you should discuss that any lawyer the issue of the "family" attorney who now only represents your brother as there may be a conflict depending on the circumstances and facts.
When an intestate estate is closed insolvent after tens of thousands of dollars were left to a sole heir-in-law in long-standing beneficiary accounts (>5 years old), and debts of up to a few thousand dollars were left unpaid, is there any way such creditors (possibly including Medicaid) would be... View More
answered on May 1, 2020
Your question has an inconsistency which makes it unclear. An estate is not "closed" insolvent if payments were made to beneficiaries. Further, "closed" is a formal term, meaning a final decree from the Surrogate. Do you have that? Medicaid can claw back if they made a... View More
John sold the entire stamp collection to a museum. The will was not altered to reflect the change in ownership.
answered on Apr 28, 2020
It doesn't matter that the will wasn't changed, the will is effective as the date of death as to what is in John's possession at that time. Since the stamps were no longer John's for whatever reason, the bequest is like it never was.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2020
If they were still legally married, he has all rights of a married spouse unless there is an agreement between them waiving those rights. That might include a prenuptial or separation agreement.
I heard we could maybe do a prenuptial agreement despite already being married that would protect her from my personal debt should I die. Or perhaps there is some kind of trust that would protect her from creditors should I pass away? I was thinking about insurance but I have a severe heart... View More
answered on Apr 27, 2020
As long as her assets are in her name, there is no problem. If the assets are joint, now might be the time to move assets to her name. Depending upon the debt amount and how your assets are held, bankruptcy is an option for you. A trust can work, but the value of a trust depends upon the kind... View More
family album pictures saved over the years are now in possession of nieces and nephews. as the sole survivor of my family, do I have a legal right to these pictures, many of which I have only a memory about. And if so, what could I do to get them back? Included from memory are pictures of my... View More
answered on Apr 26, 2020
The question is who had the pictures originally. If it was your parents then you may be entitled to them, if the pictures were in someone else's possession and was given by them to the nieces & nephews then you have no claim. The best thing to do is ask for copies of the pictures be made for you.
Can I file his taxes or should I leave it alone? Is it legal for me to do it since he is married. He never gave consent for any specific individual to file taxes as we were in the process of doing so while he was diagnosed with cancer. Rapid divorce was not as rapid as his diagnosis unfortunately... View More
answered on Apr 20, 2020
Only his estate representative can file his taxes. The wife is due the first $50,000 of his estate unless he had a will, so unless the refund is more and there are other assets, there is no need to do it.
We live on the 8th floor. Right next to our building is another building which has 6 floors and cell phone towers on the roof. One of the antennas is shooting right next into our apartment (its right across our windows, less than 50 yards). First we didn't pay attention to it but then we... View More
answered on Apr 15, 2020
An attorney couldn't comment meaningfully on this data. An electrical engineer, microwave engineer, health professional, or other professionals familiar this field would be in a better position to have insight into this. Good luck
Tim Akpinar
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
