A family member passed away without a will leaving his wife and adult children. His name was on the deed for their home. His wife applied for and received letters of administration. Does she need to use an administrator’s deed to transfer the property to herself? If she does, would she only... Read more »
Yes. An Administrator’s Deed is the correct instrument for the transfer. Transfer taxes may not be required If there is no consideration for the transfer. However, if the property has a mortgage, relief of the mortgage obligation is consideration.
His mom, new wife, His sister and nephew. His mom passed away in March, and he passed away a month ago, leaving no will. My son was His only child. Does my son has More rights over that property than His father's widow? Also my son's father was registered as the only owner of tittle of the... Read more »
Could he sever the joint tenancy without my brother’s permission and change it to tenants in common? Also would he need a living trust to avoid probate and to designate my sister and I as his beneficiaries? Would that avoid due on sale clause since its a living trust? He and my brother are on... Read more »
I do not speak Cantonese but the answers to your other questions are yes, these things can be done. However, they are not do it yourself projects. You are well advised to hire an attorney to assist you with this
I want to leave legally-binding instructions for how my body should be treated and how my burial should go. The more I refresh my knowledge of wills the more it seems like perhaps I need something else. What do I need? It has to be legally-binding and not cost me thousands of dollars. Thanks
Generally those instructions are made part of your Will. If you don’t want to draft a new Will you can add a codicil to the Will. If you leave separate instructions or set up a burial fund it would not be legally binding unless referenced in you Will. Neither a new Will nor a codicil should cost...Read more »
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 »
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