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Spouse died. Her will excludes the husband. Does he still have right of election to 1/3 of the estate? Is notary of post nup signatures a hard and fast requirement?
answered on Mar 6, 2024
Like a pre-nup, a post-nup must be acknowledged (which is a notary, but a certain format), and comply with other requirements. Thus, if this one is not notarized, it fails.
can an court appointed admin of an estate pick and choose what to honor in a will/or unofficial will
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answered on Mar 4, 2024
An Executor appointed by the Court is a fiduciary of the estate. They are required to follow the directives set forth in the Will which has been validated by the Court. There is no such thing as an unofficial Will. A Will may be contested by non-family members. However, they must demonstrate... View More 
In to take over granted 6 months. Can a family member get power of attorney to get condo back in Surrogate court for the child so nephews don't get evicted.
answered on Mar 4, 2024
Without a will, all the children living when their mother passed away became the heirs of the real property. Any one of the adult children had the power to become the legal administrator of their mother's estate and transfer the deed from the decedent's estate to each sibling, as well as... View More
answered on Feb 24, 2024
No. The notary is actually notarizing the witnesses, so it would be notarizing yourself.
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answered on Feb 15, 2024
In New York estate planning and probate, a citation in the context of a will is a legal notice issued by the court. This notice is sent to distributees (potential heirs and other interested parties) to inform them of the probate proceedings and to give them an opportunity to appear in court if they... View More
Is a healthcare proxy sufficient or do I need more?
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answered on Feb 4, 2024
A Health Care Proxy would allow you to make health care decisions if your parents were unable to do so themselves. However, managing their care, paying expenses, and completing paperwork would require a Power of Attorney to be signed by your parents naming you as their agent. In both cases, your... View More
My father passed away in March of 2023 with $200k in the bank, his name only, no will. My mother passed away 5 months later with no money but several debts. I am currently administering my father's estate, but one of my mother's creditors insists that I am legally required to administer... View More
answered on Jan 16, 2024
If a decedent predeceased his spouse without a will, the spouse was a beneficiary of the decedent's estate and the spouse's share of any inheritance must pass through to that spouse.
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answered on Jan 13, 2024
I'm sorry for your loss. I hope you are coping with that psychologically.
As for picking up your late mother's vehicle from the dealership, here are a few key things to consider:
- The repair bill is likely still due and must be paid. The dealership provided a service and... View More
My Dad passed away in 2021. When my Dad got sick, my stepmom completely cut communication as my Dad was completely reliant on her. I reached out to attempt to keep the communication going but she blocked me on phones, Facebook, and email as far as I can tell. I found out on Facebook my Dad died.... View More
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answered on Jan 13, 2024
If the photos were not specifically left to you by your father in a Will or Trust, the surviving spouse will have primary rights to household effects like family photos.
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answered on Jan 10, 2024
Deciding whether to pass a house to an adult child through a will or by gifting before death involves considering various factors, and each option comes with its own ramifications.
If you choose to pass the house through a will, it means that ownership will transfer to your adult child upon... View More
Hallo, my father recently passed away, and had a brokeage account in the US. His girlfriend was listed as a contributor, but she has not deposited a single $ in the account. Since there is no will, by danish law all assets pass to next of kin, i.e me and my siblings. How should we procede?
answered on Jan 7, 2024
Contact the brokerage company to see if there is a beneficiary designation on the account. If so, the beneficiary gets the money. If not, the estate gets the money. Your Danish papers may be good enough to collect.
My father in law passed without a will 9 years ago in NY. His wife wouldn’t speak to anyone and my husband received nothing despite having property, cash and other assets. Is he entitled to anything and is there anything he can do?
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answered on Dec 27, 2023
If your father-in-law died intestate (without a Will) with property that was not jointly held or with no named beneficiaries, it would pass under New York State law. Since there was a spouse and at least one child, those assets would be split between them. Real estate would be a matter of public... View More
answered on Jan 10, 2024
An executor is a fiduciary, which means that s/he has personal responsibility and liability for all assets and liabilities of the estate. However, the executor has no powers until obtaining letters testamentary or preliminary letters testamentary from the Surrogate's Court as a result of... View More
I am completing the Proof of Heirship for a fellow church member and friend. Her deceased aunt is listed as beneficiary on an insurance policy where the policy holder recently died. In my discussions with the niece, along with genealogical research on the family, there are three siblings, all... View More
answered on Dec 12, 2023
If you are not a licensed genealogist, and did not know that the student personally, I do not believe you qualify to sign the affidavit. The attesting person must know the decedent, and have personal knowledge of most of the information if not all. However, genealogist can prepare such a report and... View More
I am willing to buy the form.
answered on Dec 1, 2023
If you have enough money that it is worth opening a trust, you have enough money to pay a lawyer to do it right. No lawyer is going to recommend an online form.
My mom has a house in PR that she is renting out. She is still alive and has said when she passes she wants me and my sister to have it.
Me and my sister don't agree on what to do with the house. I want to sell it, as I don't want to be a landlord to a house in PR while living in... View More
answered on Nov 30, 2023
It does not appear you have any interest to sell. Your mother indicating she wants to do something in the future, even if committed to a binding will, does not give you any legal or equitable right to the property.
There are certain things you could do during her lifetime, such as... View More
Going to be hers. How can that be? They are not in my dad’s will. This is in NY state
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answered on Nov 30, 2023
In New York State, the distribution of assets after someone's death is governed by their will and the state's inheritance laws. If your father passed away and left assets to your stepmother, those assets would become part of her estate upon her death.
If your stepmother did not... View More
Hello, I am a man in my late 60s. I do not want a living trust. I want something that is effective at my death.
I have assets (my house, money) and I do not want it to go to my wife. My son is underage. If I hypothetically die in a year, afterwards I would want a trustee (a law office) to... View More
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answered on Nov 29, 2023
Based on your situation, a testamentary trust appears to be a suitable option. A testamentary trust is created by your will and becomes effective upon your death. It allows you to specify how your assets should be managed and distributed after your passing.
In your case, you can designate a... View More
I am a man in my late 60s and I want all of my death assets (money, house) to go to a trustee (my attorney's office) when I die. When my underage sons turns the age of majority, then I want him to control these assets.
Should I do a testamentary trust or a pour over will?
Edit:... View More
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answered on Nov 30, 2023
Most people do both. You create the trust and put your assets into it. The trust specifies who gets what when you die and avoids probate. The trust also specifies who manages the assets for your son until he reaches the age that you designate. It doesn't have to be the age of majority.... View More
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answered on Nov 27, 2023
Here are some specific examples of properties that you may want to consider including in a family trust:
Real estate: If you own real estate, you can transfer it to a family trust to avoid probate. This can save your heirs time and money, and it can also help to ensure that your property is... View More
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