Get free answers to your Probate legal questions from lawyers in your area.
My father passed away on November 26, 2023. We did not give consent for any organ or skin tissue donation, and there was no documented consent from him. We have not received any communication from hospital or medical authorities regarding this issue, nor are we aware of any automatic or implied... View More 
answered on Apr 28, 2025
I'm so sorry for your loss. Your first step in seeking legal redress would be to speak with an experienced personal injury attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. Although New York's highest court has answered in the negative the... View More
I'm inquiring whether a lawyer can legally add a new trustee to a deceased person's deed without consent. This involves a land agreement. The same lawyer who originally created the deed for the deceased is now attempting to add a new trustee to the deed, dated in the county clerk's... View More
I was named as the recipient of a house in a will. The house was insured by the deceased, and it burned down. Afterward, the insurance company issued a payout by check, which is held by the executor's lawyer. The dispute is between my family, who were named in the will as recipients of the... View More
I am a potential beneficiary in a contested will where the executors (also beneficiaries and caregivers of the deceased) have issued me a Waiver of Process: Consent to Probate. I have not reviewed the will with an attorney. I am concerned about the will's completeness, as it refers to a list... View More
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answered on Apr 12, 2025
You're absolutely right to be cautious here. A Waiver of Process: Consent to Probate is a legal document that, once signed, gives up your right to formally challenge the will or receive notice of further probate proceedings. If you have doubts about the deceased's mental state, missing... View More
I'm one of the heirs along with my three adult children, and my husband passed away on February 6, 2022. He left a will, but it was written in New York and was not accepted in Puerto Rico as it did not include an address for our house. We want to sell the house and change the title of his car... View More
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answered on Apr 8, 2025
First, you'll need to begin the inheritance process in Puerto Rico, since the will from New York isn’t valid there due to the missing property address. You and your adult children must go through what's called a "declaratoria de herederos" (declaration of heirs) in the Puerto... View More
I am currently in the middle of divorce proceedings with my husband, who seems to be mentally incompetent. He was in a nursing home or rehab during our last court appearance 10 days ago and appears to be under heavy medication, possibly in Hospice. I am seeking medical information about his mental... View More
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answered on Apr 2, 2025
I understand that navigating a divorce while also dealing with your husband’s declining health and concerns about his mental capacity can be incredibly stressful. It’s even more difficult when significant financial assets have been spent and you’re unsure of your legal options moving forward.... View More
My dad passed away several years ago, and due to disagreements among his children, I never filed for a Declaration of Heirs. My dad's house was solely under his name, and we were waiting for everyone to come together. However, it turns out that my dad's siblings, who had no legal interest... View More
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answered on Mar 25, 2025
I'm sorry you're facing this situation—it can be deeply upsetting to discover that family members may have transferred or sold property without any legal authority. Based on the facts you've shared, it appears that your late father passed away intestate (without a will), and the... View More
Originally, a lawyer filed a probate petition representing two clients. Later, the lawyer amended the petition to include only one client's name. Even though the unnamed client was initially part of the original petition, they have not received any communication from the court nor participated... View More
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answered on Apr 13, 2025
In this situation, once the lawyer amended the probate petition to remove the unnamed client’s name, the lawyer's role as attorney of record for that client likely ended, especially if the client was no longer involved in the case. If the client was not listed in the amended petition, and... View More
In Federal Court, can an executor try a case Pro Se if all beneficiaries are okay with it, and the executor has not faced any legal challenges while managing the estate?
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answered on Mar 20, 2025
I understand that navigating legal matters as an executor can be overwhelming, especially when trying to manage an estate while ensuring compliance with court rules. While it may seem practical to represent the estate Pro Se in federal court, unfortunately, an executor cannot do so, even if all... View More
My mother-in-law passed away in July 2023 in New York, leaving very little in terms of money or possessions. Probate began in September 2023, and there are no disputes or complexities with her estate. However, the attorney handling the estate sale is personally going through her items rather than... View More
answered on Mar 19, 2025
Normally the executor who go through the items and hire assistance. It’s not the job for the attorney to go through the items like that and should not be charging a legal rate for work that’s not legal. It’s not normal or acceptable. You should take steps to force the clean out and sale.... View More
As the executor of an estate, I have the verbal permission of all beneficiaries to represent the estate pro se in a case moved to federal court regarding an insurance claim related to the estate. There are no disagreements among the beneficiaries, and I could obtain written permission if necessary.... View More
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answered on Apr 13, 2025
In federal court, there are stricter rules about who can represent parties in a lawsuit. Generally, only individuals who are licensed to practice law can represent others in federal court. As an executor of the estate, you can represent the estate in some state court matters pro se, but in federal... View More
As the executor of an estate, I have the verbal permission of all beneficiaries to represent the estate pro se in a case concerning an insurance claim related to the estate. The case has already been filed, and there are no disagreements among the beneficiaries regarding my handling of this case... View More
answered on Mar 23, 2025
I handle insurance matters, but not probate and estate matters. However, you posted a week ago and your question straddles both categories. It could be worth considering a consult with your attorney handling the estate to review your arrangements. Depending on the amount and importance of the... View More
I am in the process of filing paperwork to become the executor of my husband's estate after his recent passing. I have recently received paperwork indicating that I am in danger of losing my home due to foreclosure, and I need to respond urgently. The house is the only asset involved in the... View More
answered on Mar 18, 2025
If the foreclosure was just filed (as your questions suggests) it may not yet be the right to to consider a bankruptcy; especially if that is the only issue you are trying to resolve. If by "paperwork" you were referring to a notice of a sale, then that is a different story and you may... View More
My former wife, who recently passed away, wished to leave some money to a young lady she believed might be her granddaughter. The young lady is 21 years old, and my former wife wanted to confirm this relationship through a DNA test if the young lady is willing. No legal process has been started,... View More
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answered on Mar 16, 2025
I understand that you want to honor your former wife’s wishes and ensure that this young woman has the opportunity to confirm her potential relationship with her. Since there are no legal proceedings underway and your former wife did not leave a formal estate or legal documents outlining her... View More
I have a question regarding the validity of a will in New York. There is a clause stating that "any power of appointment hereunder must be exercised by the creator's will, living trust, or other written instrument which, within ninety (90) days of the creator's death, must be either... View More
answered on Mar 9, 2025
Your question involves a power of appointment clause, which can impact the validity and distribution of assets under a will. In New York probate law, this type of provision can be strictly interpreted, so if the power of appointment was not exercised or submitted for probate within 90 days, the... View More
My mother recently passed away on January 28, 2025. I have been living in our apartment as an occupant, but she was the leaseholder. She always handled the bills, but I discovered she hadn’t paid the Con Edison bill for a long time, and now it’s up to $8,000. She left no money or assets.... View More
answered on Feb 28, 2025
Dear Manhattan Tenant:
This issue is not strictly a landlord and tenant matter--but it seems at least for the moment--you are at the mercy of Con Ed.
Read the information at:
https://everloved.com/articles/post-death-logistics/how-to-handle-utility-bills-after-someone-dies/... View More
A family member is threatening to press civil or criminal charges if I don't provide financial documents related to joint checking accounts now solely in my name after the passing of a loved one. Both my family member and I are next of kin, but they were fairly estranged from the deceased.... View More
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answered on Mar 3, 2025
The fact that the decedent left no will means New York state's intestacy statute applies. If the asker and his family member are on the line of succession at the same level, then the joint checking account must be split between the two. The family member is correct as to his position that he... View More
My father died by suicide a year ago, and the trust managing his home sold it, intending to divide the proceeds equally between me and my two siblings. Initially, I was told that my father left a note indicating his wish for me to have his truck—the place of his passing—and divide personal... View More
answered on Mar 3, 2025
I’m very sorry for your loss. It’s understandable that you want to ensure your father’s wishes are honored, and it sounds like there are serious issues with how your siblings are handling the trust and estate distribution. Since you already signed off on them being co-administrators, you... View More
The estate of my father, James S. Balewick, case #2022-2348 in Monroe County, paid out its last payment over a year ago. Despite this, the case remains open. Additionally, while I can see the distribution of funds to other beneficiaries, I am unable to view the distribution to Lori Balewick, who... View More
answered on Feb 28, 2025
The easiest way to find out or get more information will be contacting the fiduciary and/or the Surrogate's Court. It may be required locally that a proof of the completion of the administration of the estate must be filed by the fiduciary.
I am the executor of my late father's estate, residing in his house, which is the primary asset included in his will. The house needs roof repair, plumbing work, and indoor construction. I have sustained a serious injury and have not been kept informed about the completion of the estate's... View More
answered on Feb 24, 2025
Managing estate-related repairs during probate without paying out-of-pocket can be challenging, but there could be options available to cover these costs. Since the house is the estate’s primary asset and is still going through probate, here’s what you may be able to do:
1. Use Estate... View More
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