Get free answers to your Probate legal questions from lawyers in your area.
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
I need to update the Surrogate Letter for my father's estate to reflect the current date. The original letter included an affidavit. What is the process for making this update, and are there any specific requirements I should be aware of to ensure it remains valid?
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'm a beneficiary of my cousin's IRA along with other named beneficiaries. I have reached out to the third-party managing the IRA but haven't received a response. Currently, I'm dealing with Section H of the IRA documentation, and I need to know if not reporting or reporting it... View More
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
My deceased mother left me as the proxy for her estate after I obtained legal documentation from the court. However, her boyfriend transferred the vehicle title to himself, likely by accessing her documents in her apartment. There was no will left by my mother. When I confronted him, he drove off.... View More
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answered on Mar 11, 2025
I’m sorry to hear about the difficult situation you’re dealing with. In New York, you have legal options to reclaim the vehicle that was transferred without your authorization, especially given your role as the proxy for your mother’s estate. Since there was no will left by your mother, the... View More
My mother passed a few years ago and we need to provide letters of administration to her employer to be given the benefit of the pension she earned while working. I am filing a petition for the letters as her son, but I am also a barred attorney who works in the public sector. Do I file a statement... View More
answered on Feb 9, 2025
Hello, I believe you will still file it even though you are not acting as the estate attorney.
22 NYCRR 207.16(e) ...
If a person requesting letters to administer an estate as sole executor or administrator is also an attorney admitted in this State, he or she shall file with the... View More
I am told after all is said and done out of the $75;000 dad settled for from my birth mothers lawsuit, he claims he gets %50 then half of the remainder balance and because after the lawyer and bills are payied the two children will not
Get anything he himself will get $30;000 at the end... View More
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answered on Jan 22, 2025
It is hard to tell from your description of the facts, but it sounds as though your mother died without a will. If that is the case, then inheritance is governed by the Estates Powers and Trust Law § 4-1.1 Descent and distribution of a decedent's estate, which provides, "The property... View More
answered on Jan 9, 2025
I interpret the question as may a beneficiary to an inheritance of a house disclaim the benefit? In that instance, it is as if you did not exist in the will [at least as far as the house goes] and any other beneficiary [such as a sibling also given a share of the house] could have his share... View More
Grandfather died. My grandmother was the beneficiary of his life insurance policy but predeceased him in 2016. They had 4 children which one died 9 days after him. If there's no contingent beneficiary, how will be payout be? Is the deceased child entitled to any of the money?
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answered on Dec 26, 2024
If a beneficiary of a life insurance policy predeceases the policyholder and there is no contingent beneficiary, the policy will be payable to the estate of the policyholder. If your grandfather had a Will, distribution will be made pursuant to that. The Will will have to be probated if that has... View More
I have proof the items belong to me.
answered on Dec 19, 2024
Unless you are an heir of a decedent who dies without a Will, you would not be entitled to inherit property from the decedent. However, if you have proof of ownership (e.g., receipts, contracts, written agreements, or other documentation showing the items belong to you), you can present this to the... View More
It was in the closing paperwork. My attorney told me to look it up online. He hasn't been any help. The paperwork never even stated how much I was supposed to get.
answered on Dec 15, 2024
Life insurance is not typvally distributed by a will. It has named beneficiaries. If you are not named as a beneficiary in the insurance policy, you are not receiving anything from it directly.
And school taxes that are behind, the house is still caught in probate court and i cannot make a payment plan since it isnt in my name, and i cannot afford to pay it all upfront. How do i stop the house from going into foreclosure?
answered on Dec 11, 2024
I'm sorry for your loss and the challenges you're facing. If probate is delaying your ability to act, consider filing a motion requesting the court to grant temporary authority to address urgent matters, like paying property taxes. An attorney can assist with this.
Possibly, you... View More
10 years ago my dad transferred his home to me and he became the life estate. He passed away later that year. So the deed is in my name but the mortgage remained in his name and I continued to pay the mortgage. I advised the mortgage company of my parents deaths. I had to sign paperwork so I would... View More
answered on Nov 19, 2024
You might be able to use a small estate affidavit to claim the funds. This process is simpler than full probate and could allow you to deposit the check.
Back in 2014 my dad became terminally ill. He transferred his home to me and he became the life estate. I am the successor on the mortgage. I’m listed as the owner on the deed. There is no will or estate. I been paying the mortgage since his death. I sold the house this September. There is an... View More
He has 3 other children who are full siblings to my mother. This is in Brooklyn NY, NYC.
Uncle says life insurance payout is on hold because they need my mother's death certificate.
Uncles not forthcoming with information and seem to be trying to get death certificate without me knowing.
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answered on Nov 8, 2024
Sorry to hear about your loss. Generally the first beneficiary would be entitled to the proceeds. Since she died after, it is possible that her estate can make the claim. See if she had a Will. If so, that may dictate what happens to the distribution of the benefits and who would be the personal... View More
Far as I know he had no will. Life insurance policy had no beneficiary and bank accounts totaling 90,000 plus are currently frozen. Is my mother legally owed any of the money. Also there's another policy that has not been claimed. What happens if my mother is named a beneficiary?
We... View More
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answered on Oct 27, 2024
When there is no beneficiary named, the account will be paid to the decedent’s estate. If there is no Will, someone must apply to the Surrogate’s Court for Letters of Administration. The priority of who may apply is 1) Spouse, 2) Children, 3) Parents, 4) Siblings. The grating of Letters of... View More
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