A proceeding must be filed in Surrogate's Court to have an Administrator appointed as fiduciary of the estate. The Administrator can have the house sold and divide the proceeds.

Regarding the sale of the house, Have a free telephone consultation with counsel.

Jack

The trust language controls. The Trustee must administer the trust strictly in accordance with the Settlor's intentions.

The Power of Attorney is valid during her lifetime. If it gives you power to make financial decisions and transactions, you can pre-pay for burial and funeral arrangements now, including the headstone.

Your mother's estate can demand either a formal or an informal accounting from the estate from which she was a beneficiary. Informal works if the other estate will cooperate, otherwise you would have to demand a formal judicial accounting.

It should be immediate under the terms of the will. You need to bring a petition in Surrogate's Court for relief.

There are several unknowns here and best to direct your question to an attorney, who can review the documents. In a nutshell, it all depends! It depends on the corporate structure, governing documents (and always but not likely primarily here on applicable laws). It is generally absolutely doable... Read more »

The answer depends on what your father's Will says on the subject. Without seeing the Will it is impossible to say. The Will might include language to deal with this type of situation, i.e. on of the named beneficiaries dying before the maker of the Will. Generally, a bequest in a Will does... Read more »

It depends on a number of things:

1. What title on the property is - if you are on title then you have a claim to at least part of the property

2. Does you mother have a Will naming you a beneficiary - if there is a Will and you are not named as a beneficiary then assuming the Will... Read more »

If an attorney was simply approached out of the blue, the general rule is that the attorney is free to accept or decline a matter. Same goes for the prospective client, who is free to retain or not retain an attorney. There are instances where an attorney may not easily withdraw, such as in an... Read more »

Your father’s children are entitled to 1/3 of your grandmother’s estate. The will should have appointed an executor(s) to handle the distribution of the property. You should speak to a lawyer.

It is not a suit by beneficiaries. You can bring a petition to surcharge the share of the one bringing the suit for the legal fees before you distribute. But, this will be another round of litigation.

In addition to the order in which your father and his wife died and the name on the deed of the house, whether either your father or his wife left Wills detailing who their respective executors were or if someone was appointed the administrator of the estate(s) by the court is also relevant,... Read more »

Depends on the operating agreement. If truly silent, the shares pass to the estate.

Only the owner of the shares can sell them. If the shares are estate assets then the executor or administrator can sell them on behalf of the estate. Depending on the circumstances the estate might have a taxable gain, but if the cash after taxes is distributed to you and your brothers as heirs of... Read more »

In New York, the names on the bank account trump the will, or more accurately, the bank account passes outside the will. That your sister is executor of your mother's estate is irrelevant. If she is the only one on the bank account, she gets the account. If she is a co-beneficiary on the... Read more »

From the individuals mentioned, only the 23 year old daughter would qualify as an Administrator for the estate. Someone will need to apply to the Court to serve. Once they are granted Letters of Administration by the Court, they may collect all property, make transfers, sell, and manage assets.... Read more »

I am not sure what you have been asked to do. A Will is a document that states a person's wishes following their death. You would not be a caretaker of someone who has passed away. It is possible that you are being asked to be an agent under a Health Care Proxy, which is sometimes combined... Read more »

The state where a decedent lived at the time of his/her death determines which law applies for the determining distribution of estate assets. In New York, if there is not a will that provides for a different distribution the order of inheritance is outlined at this link:... Read more »

This has to be thoroughly examined and analyzed. Who is the beneficiary of the policy? What is the cash value (not benefit) of it? Whose house is her spouse living now? Medicaid application must be well cultivated and planned in advance because there is a cap for both income and assets of the... Read more »

I'm not sure if you are asking about New York. However, in New York, if the decent left no Will, the client can certainly petition to be appointed as Administrator. Personal representatives commonly have an interest in the estate assets that may conflict with other potential heirs. Those... Read more »