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My father’s estate (death 2016) did not close yet because we had to sell his house, which we could not do until one month ago. But now, the estate lawyer is unresponsive to us. We want to know if I write a letter as the other heir denying need for accounting requests, can my brother, the... View More 
answered on Jan 20, 2020
You can close the estate without a lawyer, but you should probably consult one to make sure everything was done legally, so there are no problems. If everyone is in agreement on everything, closing the estate is simple.
I’m the guardian for her account until she’s 18
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answered on Jan 16, 2020
You may need to explain how this is a benefit for her and why it is necessary. Courts will generally deny large withdrawals from accounts for minors unless it makes sense.
My question is that recently I found out that he had a 401K and he did not have anyone listed as beneficiary since I am his only next of kin am I entitled to any of that 401K? I am sure that all his assets will go to probate and then a decision will be made. Thank you.
answered on Jan 15, 2020
You need to file an administration proceeding. The amount of the 401k governs the type.
A friend passed away leaving his house to his son in a testamentary trust. The Will reads: “The trust shall terminate upon my son attaining the age of 40”. His son is 52 so the Executrix/Trustee is transferring the property over to him. She refuses however to transfer the life insurance... View More
answered on Jan 8, 2020
Based on your post, only the house is in trust. A designated beneficiary keeps the proceeds. If the designation is her alone and not her as trustee, she is doing the right thing.
change all legal documentation, making himself a sole owner of all the houses, trusts, insurance policies, LLC’s, etc. He stole over $15 mil while my mom is still alive.
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answered on Jan 6, 2020
Your mom can sue him for breach of fiduciary duty, self dealing and fraud and void the transactions. However, I would need to know more to properly advise you. In any case, you and your mom should speak with an attorney.
I'm the executor of his will
answered on Jan 6, 2020
You need an attorney who practices in Surrogate Court
Multimillion estate. My mother and I are left with nothing. Please advise.
Thank you!
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answered on Jan 5, 2020
It is not clear what you are asking.
My father’s estate is very large. How can I recover the funds given to me by my father?
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answered on Dec 16, 2019
If you believe your mother breached her fiduciary duty, you can challenge her actions and seek to recover any losses.
Denied copies of any papers. And never notified about anything. What can I do in this situation?
answered on Dec 8, 2019
You can always get copies of any papers filed in court. You should also speak to an attorney about a will contest based upon what you are saying.
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answered on Dec 4, 2019
All objections must be in writing or the Surrogates Court won’t consider them. You should consult with an attorney to determine what arguments to make.
And a New York State is it true that somebody that has a felony cannot be the Executor of his estate
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answered on Nov 20, 2019
A Power of Attorney is not effective once the person dies. If there was a Will, once the Surrogate's court determines it is valid, Letters Testamentary will be issued to the Executor/Executrix. If there was no Will, Letters of Administration will be issued to the... View More
A trust was created for my benefit earlier this summer. A promissory note was given in trust to the trustees to be invested and utilized for specific purposes. The note transferred to the trustees is still currently in their possession. They have not performed the trust nor accounted as required... View More
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answered on Nov 15, 2019
A trustee has the duty to protect, collect and maximize the value of trust assets for the benefit of the beneficiaries, and intentionally destroying a trust asset would presumptively be a violation of that duty. However, it is possible that the note truly was uncollectible and it would cost the... View More
My grandfather died in 1994. He had three children (two daughters with his first wife, my grandmother, and one son with his second wife, my step-grandmother). Both wives have died. Both daughters have died. My mother had two children (both alive). My aunt had three children (two alive). My... View More
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answered on Nov 13, 2019
It does appear that you might be an intestate heir because your mother (grandfather's daughter) has died. Therefore, you have an interest in the estate. Therefore, you have standing to petition to be appointed personal representative of your grandfather's estate. Do not delay. If your... View More
My estranged uncle is petitioning to become the administrators of, first, his mother's estate (my step-grandmother), and then, second, his father's estate (my biological grandfather), essentially double dipping. My uncle had two sisters (my mother and aunt, both deceased). My mother had... View More
answered on Nov 13, 2019
You can object. As next of kin, he has priority, but the court can refuse him.
My older brother has named our younger sister and me as co-executors; my sister and I do not speak and do not get along. I want to avoid the aggravation involved in this. I have asked him repeatedly to name either her or me (I don’t care which one), but I know he will never do this. Is there... View More
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answered on Nov 10, 2019
If you told him that you don’t want to serve with your sister, that is all you can do at this point. If he dies before you and your sister, you can decline to serve. If your sister passes before him you can choose to serve.
Is this something that can be done?
answered on Nov 4, 2019
Each jurisdiction has their own forms. While Trinidad may enforce a New York form, you would be better if the work is in Trinidad to use a Trinidad form.
Estate earned rental income in 2018, which was claimed as rental income on its 2018 tax returns. Such monies in 2018 were not distributed at that time to beneficiary. In 2019, same money was now distributed to beneficiary. Does beneficiary now need to claim such monies as distributable taxable... View More
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answered on Oct 29, 2019
That is a very good question, but no, the income does not get taxed twice. It only gets taxed once at the estate level.
persons who can claim they get a portion of her father's estate. Years ago, my brother said he wanted to leave me some money but I don't know if he did it. My sister hasn't been asked to sign anything. My niece hasn't mentioned anything about my being in the will. Is this... View More
answered on Oct 28, 2019
All next of kin must be notified, whether in the will or not. This is normal to preclude you from claiming there is some other next of kin. But, you should be getting a copy of the will before you sign anything.
Your first box only has one line-...there was a will or not. Then my brother died in 2016. I just found out through New York State that my father is owed money from a bank acct. The man could not tell me how much but did say it was more that $1,000.
It seems I need uthorization from the... View More
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answered on Oct 25, 2019
Do you know if your brother brought an estate proceeding for your father? If not, you would need to petition the court for the power to discover and secure assets including the bank account. If you do it yourself it would only cost a few hundred dollars. If you hire an attorney it could cost about... View More
My grandparents had mirrored wills and trusts. My grandfather passed several years ago, and my grandmother was the trustee and executor of my grandfather's estate. They had both signed a Joint Waiver of Agreement, a legally binding document whereby they relinquished the right to contest the... View More
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answered on Oct 24, 2019
She may have breached her duty. However, that determination would have to be made after reviewing the trust agreement.
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