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
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
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
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
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
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 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
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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
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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
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 Aug 24, 2023
If he is the appointed executor by the probate court, you can make a motion to substitute him as executor because he has passed and the estate assets have not been distributed. The executor cta or new executor will then sell the property, satisfy any outstanding debt and make the distribution in... 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
2,000 to 3,000 in the account I dont want to do probate for only that
answered on Jun 17, 2023
You should first speak with the legal department. Some banks such as BOA, may allow an affidavit to be completed. Other banks may require the appointment of a fiduciary such as yourself by the Court to collect the funds. Due to the amount, it would be a small estate proceeding. You can contact... View More
My mom passed away on 1/31/23, she had no will. At the time of her death she had a Mortgage with 219K left to pay off and 60k in credit card debt, and only 4k in savings. I would like to keep the house so I payed off her credit cards. By negotiating with the lenders I was able to reduce the 60k... View More
answered on Jun 13, 2023
Less likely than with the credit card debt.
Because secured creditors are in an improved position over unsecured creditors, they have less incentive to settle debts; unsecured creditors often have little to no recourse from a debtor (who may, e.g., die or file bankruptcy). Letting a... View More
I would like to get power from my father without my uncle knowing, because my uncle is trying to establish a condition that I do not want. However, does my father's condition make legal action null since he cannot remember that well?
answered on May 31, 2023
Capacity is an issue that can be raised to challenge whatever you do. Try to get a doctor to write that he has capacity to make a deed on the day you do the deed.
Hi I’m reaching out for advice because I don’t know what to do. I’m currently living in a brownstone with my daughter in NYC where I was born, raised, and lived the majority of my life. It is my grandmothers brownstone who also grew up here. My grandmother, who I love with all my heart,... View More
answered on May 30, 2023
If your aunts inherited the property, they would generally have the right to sell the property. However, the sale of the property does not result in your immediate eviction. Instead, as a tenant or an occupant in possession of the property for more than 30 days, the owners of the property would... View More
property to his 2 daughters. Does the Will negate my mother’s ownership of the property even if she is the property deed?
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answered on May 25, 2023
You will want a PR attorney to search that Title and determine ownership. If Mother is a grantee on an enforceable Deed, then the property is probably hers since Testator died without owning something to devise. The Deed must be examined, and that grantee/owner must pay taxes, insurance and... View More
The statement: hereby grant and release unto the Grantee(s), their heirs and assigns forever: (then it describes the land) along with
To have and to hold the above granted premises unto the Grantee(s)
Grantee(s) Shall quietly enjoy the said premises and the Grantor(s) will forever... View More
answered on May 25, 2023
That language (without your name listed as a grantee) does not mean that you are an owner of the property during her lifetime; you do not become an heir until she dies without a will. Rather, that language indicates that the property passes to her in all respects even after her death; as opposed... View More
My stepfather came from Poland at ten years old with only one brother and parents (all deceased). He was with my mom for forty years and never mentioned Polish relatives as he was here since a child. He named me and my siblings in his will specifically. I am named executor of his estate in NYC. The... View More
answered on May 12, 2023
Even if there is a will, the next of kin must be cited, as the next of kin is a necessary party. Here, you do not know the next of kin, as it will likely be a cousin. Thus, the court is right. However, you can do your own search. Call the Polish consulate in NYC, and see if there are records... View More
My stepfather came from Poland at ten years old with only one brother and parents (all deceased). He was with my mom for forty years and never mentioned Polish relatives as he was here since a child. He named me and my siblings in his will specifically. I am named executor of his estate in NYC. The... View More
answered on May 12, 2023
If the decedent has no children or spouse the Court requires an affidavit of Heirship. Sometimes the attorney draftsman will take information directly from the testator now the decedent and he can provide a supporting affidavit. Your attorney should submit an affidavit of Heirship if someone can... View More
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