My aunt has recently taken over my grandmother's finances. She has had many issues with my father and is not a nice person. She sent my family and I a letter stating once my grandmother passes, she will have control of the house and we will have 60 days to get out. We have been paying rent for 15... Read more »
Unless you are a rent-regulated tenant or have the protection of an unexpired lease, the owner of a property (or the owner's representative) has the ability to commence a holdover proceeding to recover possession of the rental unit after giving the tenant Notice of Termination. In the case of a...Read more »
I couldn't find the house deed. My lawyer's P.L. said they could for $500. I eventually paid $10 for an official copy at town hall. I'm still not sure how to change the title, I don't understand the included instructions. My lawyer said he could help. I've paid them approx $9-12K for both our wills... Read more »
There is no way any attorney in this forum can answer your question without reviewing your various engagement letters with your NY attorney because the answer depends entirely on the scope of those engagements and the fees quoted.
I'm the executor of Mother's estate + not in good shape to tackle this or pay to have it done. She died on Nov 4, 2018. I would say it's very unlikely she'd owed taxes, considering expenses from her long illness from Mar 2018 till her Nov 2018 death; all her MDW's were made on IRA's, etc. and she... Read more »
The trust generally spells out what happens when the maker passes away. I assume you father in law was the maker and your husband was the trustee. If no successor trustee is named in the trust, a petition will need to be brought in Court to appoint a trustee. If your kids are not beneficiaries of...Read more »
Unfortunately, adoption or not, a person has the legal right to leave his estate to whomever he wishes. The only limitation is that if the testator is married, in New York, a certain percentage of the estate must be left to the wife.
In my mother's name a grandparent had left money for me to purchase a home or use for college once I was of age . My mother had withdrawn the money once we found our small home and my father had convinced me to put his name on the home in case of any accidents or lawsuits . 3 years later the story... Read more »
My name was added to the deed to family home in 2009, mother has lifetime tenancy. She told me repeatedly that it was my house, even crying in order to get me to move in to remove troublesome family members whom she had allowed to stay in house while she was living with her boyfriend. After moving... Read more »
I don’t think you have sufficient grounds to sue your mother for lying.
When property is deeded to you that reserves a Life Estate, you receive some ownership rights. However, your mother has the right to live there. Since you are on the Deed, the property can’t be sold or transferred...Read more »
My mom and my dad sold the house they owned together in NY and bought a house together (theyre both on the mortgage) in Florida in ~2013. My dad has never lived in the house, he stayed in New York with his mom. My parents separated but stayed legally married. My brother moved to FL with my mom. My... Read more »
Under NY law, I don't see that you have any case against your father. You can try to bring an action to be appointed the guardian of his property if he is incapable of making decisions, but that is a long process and if your father is able to make rational decisions you will loose. You can try...Read more »
Your question is confusing. Probate means a will. Heirs receive stuff, so their will is generally not relevant. "Diciest" is unclear. Without understanding the facts, contacting heirs is the first thing an attorney does when hired, so the answer is no time.
Her shady husband sold her house but he later died in 2014 (they were separated 30 yrs). She has unclaimed funds; am I able to claim due to her being my legal parent and only surviving child of hers, however, he has other children outside the marriage? she did not acknowledge his outside children... Read more »
To get the funds, you need to open an estate proceeding. What kind depends on the amount. If the amount is small, it is not worth it. I am not sure of your status. Legal guardian is not a parent. You need to be adopted by a formal order to have a right to these funds. If alive, the husband...Read more »
If your mother-in-law passed away while residing in New York State, your husband should be eligible to commence a proceeding to Surrogate's Court called an Administration. The share of the Estate your husband would be entitled to would depend upon whether his mother was married at the time that...Read more »
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