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WE NEED A LAWYER TO GET INTO SAFTY DEPOSIT BOX TO SEE IF DEED TO PROPERTY IS THERE AND RETRIEVE MONEY AND JEWELRYAND SELL HOUSE-WE HAD THE WILL REGESTERED/CERTIFIED IN PR COURT-COVID CLOSED THE COURTS AND WE HAD TO LEAVE BEFORE AIRPORTS CLOSED-WE CAN NO LONGER TRAVEL WANT TO SELL THE HOUSE... View More 
answered on Aug 30, 2024
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My mother and father bought a house in the late 90's. Because of my fathers credit, he could not be put on the mortgage - nor was he put on the deed. My mother and her mother signed all of the original paperwork, but my mother and father paid the mortgage - and that's how it remains.... View More
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answered on Aug 22, 2024
I'm sorry to hear about your situation. Legally, if your father was never on the deed, he doesn't have ownership rights to the house, even if he helped pay the mortgage. Since your mother passed away without her will being probated, your father may have some rights to her share of the... View More
There are 2 properties where as the original owners have passed away. There is a daughter produced by the deceased couple. The father left a will. i need to find out the status of the estate
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My brother was given the house and contents in my step dads will. I was given 22.5 of the remaining estate, my brother 55% my daughter gets 22.5%. My step dad passed away over 2 years ago and the estate has been depleted by legal fees, a hold up in home repairs, and the $19,000 commission on a... View More
answered on Aug 30, 2024
In NYS, the executor commissions is typically paid out of the estate. An objection to the amount can be made when the accuracy of the estate accounting is questionable. You can retain your own attorney as an interested party if needed.
My sister’s home was condemn she had lived with two other people who did elderly abuse on her. They were supposed to have taking care of her but they did not. The house went to hell. My sister died from them not giving her medicines. I live an hour away, was not able to get to the mountains due... View More
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answered on Jun 26, 2024
I'm sorry to hear about your sister's situation and the difficult circumstances you're facing. To address your question about securing a condemned home:
1. Generally, the property owner is responsible for securing a condemned property. In this case, that would likely be your... View More
My stepbrother is to get 50 percent of the money, Here’s the issue:
My stepdad owed taxes on property that was sold in 2017. My attorney told me that since the house was bequeathed to me, that I am responsible for the taxes, unless the other executor agrees to help pay.
He said... View More
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answered on Apr 5, 2024
When someone leaves a Will, the Executor must follow the instructions contained within. Normally debts are paid from the estate before distributions are made. I am confused about your statement that the house was sold in 2017 and property taxes are still due.
I am my brother’s only living heir.
answered on Apr 2, 2024
The best way is to run a social security search. However, if you were appointed as the fiduciary of his Estate you could contact the IRS and obtain a transcript to see what has been reported in the past, contact the local banks and other financial institutions and review all his records, bank... View More
I was in jail at the time plus I am my mother's 1st son and favorite yet I didn't sign anything or agree to nothing they just took everything
I need help
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answered on Mar 13, 2024
I'm so sorry to hear about your situation. Dealing with a manipulated will and the loss of an inheritance is incredibly painful, especially while also grieving the loss of your mother. Here are some steps you could consider taking to try to rectify the situation and get back what is rightfully... View More
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
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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
My father passed away 2 years ago, and did not leave a willing. My two older siblings and I have been paying the mortgage in his name. We are worried that if we do, the bank will take away the house, because its not in our name. What are your suggestions on this matter, how should I proceed and... View More
answered on Jan 29, 2024
First, pay the mortgage if you want the house. The bank will take money from anywhere. Just pay. To transfer title, subject to seeing the current deed, you are going to have to form an estate for your father, get Surrogate Court letters, and then do a deed to the three of you.
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.
answered on Jan 10, 2024
If you mean by probate is complete and a fiduciary has been appointed by the Court, it is up to the fiduciary pursuant to the terms of the Will and applicable laws, if he or she wants to make a partial distribution and if its proper under the circumstances. If it is proper under the facts of your... View More
In the Will he states he had only 3 children and no other. He lived in Puerto Rico. I am in New York. My birth certificate has him listed as my father.
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answered on Jan 3, 2024
It sounds like the Probate is in PR. if so, then you will have to hire a PR attorney to contest the will in the Court it is filed for Probate. Look here on Justia.
What action can I take if he won a lawsuit, and I was the person that provided for him when he was alive and also paid all the expenses for his funeral. I called the law firm and was told that yes he won the case however no one will be getting any of the settlement.
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answered on Dec 29, 2023
If your cousin, an Army veteran, passed away without a will and won a lawsuit settlement, and you were the primary provider for him during his life and covered the expenses for his funeral, there are legal avenues you can explore. Despite the law firm indicating that no one will receive any of the... View More
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
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
The will of my late aunt is in probate. One person on the family tree, a cousin with a criminal record , who is not a beneficiary, will not sign a notarized form so I can get letters testamentary to settle the estate. We have not seen this cousin in 40 years. Can probate proceed without his... View More
answered on Dec 12, 2023
In most courts, you need to obtain jurisdiction over all necessary parties. If a necessary party refuses to sign the Waiver, then you have to serve them with a Citation to appear in court. After the waiver is filed or in this case, a citation is served in an affidavit of services filed. You can... View More
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