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My husband is a lawyer but he is British and is not qualified to practice in NYC, but he has written all the instructions after having met with this lady. It is a fairly simple Will (she doesn't have property - just cash) and she knows what she wants but her health is getting worse by the... View More 
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answered on Nov 4, 2023
Yes, there are attorneys who can accommodate urgent situations by drafting a will quickly, and many will make house visits or arrange virtual meetings via Zoom or other video call platforms, especially for clients with health concerns. You should reach out to local estate planning attorneys or... View More
Though my father was estranged from me and my other siblings, we did talk from time to time. My half brother knew of my existence but never told me of my fathers passing. If there is no will, will my siblings, my fathers other children, be entitled to any of his assets? Or do the assets... View More
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answered on Nov 4, 2023
It is not necessarily too late to inquire about your father's estate. In cases where there is no will, the laws of intestacy apply, which in Puerto Rico, as well as many jurisdictions, typically distribute assets among a decedent's children, regardless of marital status or legitimacy. You... View More
I live in New York, and I can't start building in P.R, until I'm able to claim 1/4 of the property that belongs to my grandmother's cousin. Last, I know that cousin passed away in 1999.
answered on Oct 11, 2023
I suggest that you look for a lawyer licensed in Puerto Rico and New York. Inheritance law as well as property law is local.
It's paid for and I pay the taxes.. Please advise, in detail. Thank you.
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answered on Sep 22, 2023
In most cases in New York City, if you own a house, you also own the land it's on, known as "fee simple" ownership. However, there are exceptions, like land leases in some co-op buildings, where you might not own the land. If you're paying property taxes and have a standard... View More
When my mother died in 2019, I unwittingly inherited a $100K Wells Fargo home equity loan from 2011 that it's my understanding was never paid back, either by her or by my late father. She had been claiming to pay off the loan using my SSI funds, and only in 2022 did I find out that was not... View More
answered on Sep 19, 2023
While an estate can owe funds for debt of a decedent which can be deducted from the distribution of their assets, you would not be liable on a loan you did not sign (in other words, you cannot “inherit” a loan). You can, however, inherit real estate and that real estate may be encumbered by a... View More
There's 2 other siblings
answered on Sep 19, 2023
Check the Surrogate's Court of the county he might have filed his will, typically that of his residency, for a will. If nothing is there, contact the attorneys you are aware he most recently used for legal matters. If that's a dead end, run an advertisement in the local bar association... View More
also died and before that his brother was appointed his guardian as he had dementia. Am I entitled to this money or should it go to my sister’s husband’s family? This happened in New York City.
answered on Sep 19, 2023
The term "left" is ambiguous. If the mutual fund had someone as the beneficiary and that beneficiary predeceased, the fund reverts to the decedent's estate. If the mutual fund was bequeathed in a will, then the will must be reviewed to determine if someone else specifically gets... View More
The house was sold and there is a Will. There is a beneficiary who cannot be found. Letters have been sent and the letters have been returned to the sender. We visited the address and they no longer live there. There is no phone to communicate. Other beneficiaries are concerned that if this... View More
answered on Sep 12, 2023
There is a proceeding to bring where the money can be paid into court for that person, and the others can be paid.
My grandparents passed away and left a Will where all grandchildren are beneficiaries. My grandparents' children are deceased. The house is up for sale. There are six grandchildren, of which one is deceased, but has a living spouse and two children. We are unable to locate them to inform... View More
answered on Sep 9, 2023
Distribution of assets down the lineage to classes of beneficiaries depends upon the specific wording of the Will, which must be reviewed, as a determination of whether the testator's intent was that the estate assets were to pass down the lineage by per stirpes or per capita must be made.... View More
My daughters grandmother passed supposedly without a will. My daughters grandfather wants my daughter to sign a renunciation of voluntary administration. Is this something she can sign? Would I sign for her? Is this legal? He isnt going through a lawyers office.
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answered on Sep 2, 2023
No. An 8 year old lacks the legal capacity to sign any kind of contract or agreement. A guardian ad litem may need to be appointed in the case and make the decision for her, which might be not to sign.
My mom died as well in 2017 and she had filed a lawsuit in 2014 and we had to show proof that she was our mother , so if something were to happen that we take over and what ever she would be receiving the money would be split between us . Sadly she passed and it went dormant for years until my... View More
answered on Sep 3, 2023
I'm sorry for your family's loss. It would probably be better for an attorney who practices in the Probate & Estate Planning areas to offer guidance to you. The question is posted under Civil Litigation, and that's probably why it wasn't picked up. The issues you describe... View More
The trust just consists of one house
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answered on Aug 31, 2023
It is not possible for an attorney to answer your question, without reviewing the trust instrument itself. There are all kinds of trusts and the powers of the trustees vary greatly.
My brother & I inherited a house in Albany County and we need to transfer the title into our names. We have an active payment agreement for taxes with the Albany County Finance Department. Do you know how we go about this?
My mother passed away with a will and I am the only named beneficiary and also the named executor. Her estate was worth less than $30,000 (New York), so I filed for a Small Estate / Voluntary Administration. Two of her assets will be refund checks made payable to just her name (as opposed to... View More
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answered on Aug 21, 2023
In New York, a trust can own a corporation through strategies such as creating a holding company or a subsidiary structure. In a holding company approach, the trust establishes a corporation that owns shares of another corporation (LLC or S corp). Alternatively, a subsidiary structure involves the... View More
My mother died in 2001 without a will. I have two brothers, one has passed away. The property left without a will is located in Barneveld, NY. It is 5 acres. My brother who passed away was the executor of the estate. I asked him for years to give me my portion of the property or buy it from me. He... View More
answered on Sep 4, 2023
In NYS, if your mother died a widow and without a will, then your brother was never an executor. If he was an administrator recognized by the court there is a record of that in Surrogate's Court. If you are entitled to a share of the property in this if your mother died intestate (without a... View More
My mother died in 2001 without a will. I have two brothers, one has passed away. The property left without a will is located in Barneveld, NY. It is 5 acres. My brother who passed away was the executor of the estate. I asked him for years to give me my portion of the property or buy it from me. He... View More
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answered on Aug 21, 2023
Hire a NY attorney, not a title outfit. He will need to determine heirship, search the title, and ultimately determine who owns the tract. Who has been paying taxes? If not you, it may already be someone else's. Probate might be required, but probably heirship and/or taxes control... View More
a notarized sworn statement by the witnesses. According to NY Code Section 1406, is the testator also required to sign this Affidavit ?
answered on Sep 4, 2023
No, in NYS the testator does not sign the affidavit, just the Will. The affidavit is meant to serve as a substitute for the court to the live testimony of the witness(es) that the testator signed the Will before them and was of sound mind, etc. The reason for the affidavit is that often it is a... View More
Death bed and took the wife off, He's passed away,so do the wife still have rights. They was still married.
answered on Aug 24, 2023
Yes, in NY the spouse needs to file a claim aka a right of election within the statute of limitations period or be barred forever.
you cannot disinherit your spouse. In other words, under New York Probate law if you do not get along with your spouse, but choose to stay married, you cannot... View More
Grandparent set up UTMA accts for both of my children which are valued close to million each. Grandparent is estranged from grandkids and refuses to use money in acct for schooling. Children cant even get financial aid (FAFSA) as value in UTMA accts would be held against them. Is there any legal... View More
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answered on Jul 21, 2023
The ability of a custodian to make withdrawals from a UTMA account before the child reaches the age of majority is limited. Generally, unless there is some demonstration that a child's parent is unable to pay for their education, it is improper for a custodian to withdraw funds. However,... View More
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