A will must be prepared and executed in an exact way. The witnesses have to know what they are witnessing. When I do a will signing it is a formal ceremony and I ask certain questions of the testator and witnesses. If you do it properly then it should be ok. If you make any mistakes the entire... View More

You may share in whatever interest your mother has if she conveys it (all or a share) to you, but she cannot convey more than she has; so her life tenancy would not extend beyond her lifetime. Upon her death your brother’s heirs or those named in his will if he had one (whether that includes you... View More

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

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answered on Mar 30, 2024

You are better off not naming any beneficiaries for any of your accounts and allow the executor of your will, after court appointment, to collect them and distribute them according to the provisions of your will. The problem with your proposed strategy is the person you meant to be your executor... View More

A surviving spouse is entitled to inherit. The information provided by the NYS Unified Court System at this link should be helpful to you: https://www.nycourts.gov/courthelp/whensomeonedies/intestacy.shtml

If they are still legally married, he is entitled to his share as the spouse regardless of whether his name is on the asset or not. However, if his name is on the asset, it may change how and what percentage passes depending on the way title is held.

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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

Without a will, all the children living when their mother passed away became the heirs of the real property. Any one of the adult children had the power to become the legal administrator of their mother's estate and transfer the deed from the decedent's estate to each sibling, as well as... View More

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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

The fiduciary must follow the terms of the Will, assuming it is admitted to probate. If someone has standing, even a non-family member, then they can contest the Will. They will have to timely contest the Will, file the appropriate Objections and comport to all Court rules and requirements.... 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

As my colleague correctly advised, a health care proxy will allow you to make medical decisions on behalf of your parents. If you wish to make other decisions on their behalf, they would need to sign a Power of Attorney form designating you as their agent (assuming they have capacity to understand... View More

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answered on Feb 4, 2024

A Health Care Proxy would allow you to make health care decisions if your parents were unable to do so themselves. However, managing their care, paying expenses, and completing paperwork would require a Power of Attorney to be signed by your parents naming you as their agent. In both cases, your... View More

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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

An executor is a fiduciary, which means that s/he has personal responsibility and liability for all assets and liabilities of the estate. However, the executor has no powers until obtaining letters testamentary or preliminary letters testamentary from the Surrogate's Court as a result of... View More

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answered on Jan 10, 2024

Deciding whether to pass a house to an adult child through a will or by gifting before death involves considering various factors, and each option comes with its own ramifications.

If you choose to pass the house through a will, it means that ownership will transfer to your adult child upon... View More

Parents can deed property to their child(ren) yet retain a life estate for the two of them. Upon death of the survivor, the children take the house. That is a pretty clean way of doing it. As part of the deed or in an executed agreement, it should be state who will be responsible for upkeep and... View More

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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

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

It does not appear you have any interest to sell. Your mother indicating she wants to do something in the future, even if committed to a binding will, does not give you any legal or equitable right to the property.

There are certain things you could do during her lifetime, such as... View More