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My great Aunt passed away July 2015. The first issue was that her lawyer lived in CT, while she lived in NYC (Stuyvesant Town). So per NY law, the CT lawyer arranged for a NY lawyer to handle the estate. However, before they could go over all the details, the CT lawyer passed away suddenly in Dec... View More 
answered on Sep 21, 2021
Yes. This is a long time. You should bring a proceeding for an accounting and to compel distribution.
so all 3 are equal Executor’s since my dad who was appointed Executor has passed?
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answered on Sep 8, 2021
It means that if the primary Executor is unable or unwilling to serve, the children named will serve together in that capacity.
been my permanent residence and i have two children who reside here and are registered to school here and have been since birth. the house was bought between my mom and dad, i have step siblings who have a diff mom, is there anyway they can take over this house through probate? my dad didn’t have... View More
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answered on Sep 5, 2021
When there is no Will, it is called Administration. But it works similarly to Probate. If an estate has not been established yet, one will probably be needed. If the house was in both their names and was bought when they were married, the survivor of the two would be 100% owner; your dad it... View More
The fourth heir wants to put house on market to see if a bidding war would happen to maybe get a few thousand more as where the other three are willing to take the garunteed cash offer at apprised value. Can the executor accept the cash offer or do all have to be in agreement
answered on Sep 1, 2021
Depends on the discretion of the Executor in the will based on the terms of the will.
I’m being told that my cousins have rights to this house. My mother was the youngest of seven children and has died but now I’m being told that the house has to be divided among my cousins.
answered on Aug 28, 2021
What exactly do you mean by "I have the deed"? Is the deed in your name? Did a transfer deed into your name ever get recorded or even written? Merely having possession of the piece of paper (the deed) does not give you possession of the property, even if it was given to you with that... View More
IRA value $700K. Can Inherited IRA live in trust with distributions to children's accounts? What/who is taxed?
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answered on Aug 25, 2021
Yes. A trust can be a beneficiary of an IRA. It is most common for the trust to pay the tax before distributing to the beneficiaries. The trust document should guide the trustee. Depending on whether or not the trust is a see-through trust inherited IRAs must be used up within either 5 or 10 years.
She told me her lawyer told her how to not abide by the will so far she sold my grandma's household and most personal things giving her child a cut she has also giving them and her self the jewelery and money the house she refused to list for sale it's been 10years now ..don't know what to do
answered on Aug 20, 2021
You can petition to the Surrogate's Court for an accounting and to compel distribution.
In short, our father passed away in 2012 and 2-3 years after his death step mother created an estate to collect a settlement from a lawsuit. She fraudulently claimed in this estate filing that my father had no children. She is currently being prosecuted by the Brooklyn DA's office. We are... View More
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answered on Aug 3, 2021
If the Will has already been probated, one of you can apply to be substituted as the Executor.
What is a typical payment arrangement? I assume no payment is necessary until the agent actually begins carrying out his duties. Is the payment arrangement something that should be spelled out in the power of attorney document?
answered on Jul 27, 2021
Do not use an attorney. No reason to spend that money. Anyone you trust who has reasonable acumen, can perform the task. If you wish to pay anyone, yes, be sue to spell it out.
an EIN/TAX ID and claimed estate under their own social security number for 26 years. What are the ramifications? Penalties? Do the beneficiaries have any recourse?
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answered on Jul 25, 2021
There is a lot more information needed to answer your questions. There may be tax issues, fraud issues, breaches of fiduciary duty and several other legal issues. If the property was sold, was the title company able to clear title or are they unable to do so? You will need to speak, in detail,... View More
an EIN/TIN number and claimed taxes under their personal SS Number for 26 years. What are the ramifications?
answered on Jul 22, 2021
You would need to review with a lawyer/accountant. The answer is in the details.
Before the will goes to probate, what is New York State law?
answered on Jun 23, 2021
Those inheriting the house, but while in the name of the estate, the fiduciary needs to keep the beneficiary apprised of expense issues, and the transfer should be done ASAP upon probate.
B (NY, died in 2017) left her estate in a 1961 will to two sisters; A (NY) and M (FL). The two sisters predeceased B. Beneficiaries to A's estate are her two children (NY & MA). Living beneficiaries to M's estate are her & B's brother, P (CA), and a niece, M (FL).
answered on Jun 21, 2021
The answer will depend on what the will says. If the will has no "back up" people to receive the inheritance if the people listed as first choice have passed away, the inheritance will likely go to B's heirs by law. You should make an appointment with a probate attorney and have the... View More
answered on Jun 15, 2021
Living Trusts are not filed. You may do so if you choose, but most folks do not file (record) them but instead keep them private. Should you choose to record it, it is done as your local County Recorder's Office, where deeds are recorded.
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answered on Jun 11, 2021
It depends on the wording of a POA. An attorney cannot answer your question without reviewing the POA.
What recourse does one have if a supplemental needs trust was set up for someone who thought the beneficiary had SSI and not SSDI and the beneficiary doesn’t need the protection of the trust?
Can the supplemental needs trust be dissolved?
I've had a mental disorder since... View More
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answered on Jun 9, 2021
Your question cannot be answered without reviewing the supplemental needs trust. Some include provisions for early termination if no longer needed, such as the beneficiary is no longer receiving needs-based benefits, or if the amount held in trust has become too small to be managed efficiently, or... View More
In February 2021 my sibling asked me to sign a waiver of process consent to probate form. I didn't want to sign it. I asked for a copy of the will and was denied. She and her brother said if I don't sign it the court was going to take the house. She said my brother signed the same waiver... View More
answered on Jun 8, 2021
It is very hard to revoke a consent. From the post you were not coerced. You just did not seek good legal advice.
will reads I leave my estate to my children, if any, who survive me in equal shares, per stirpes - have received two different answers for what this means - the first lawyer I talked with stated that the estate would be divided between the three alive children and then the fourth share would be... View More
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answered on Jun 7, 2021
Since it conditions it upon surviving the maker of the Will, it would be be divided among the living children with no share will be given to the children of any child not living at the time of the maker's death. Per stirpes is inconsistent with the "who survive me" wording. That... View More
Judgement if lawyer fees from a contempt in custody. He hasn't paid anything and won't pay. After I get a judgement for contempt again, can the PA judgment be recorded against his house in NY?
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answered on Jun 3, 2021
Every state has a process for "domesticating" foreign judgements. It usually starts with obtaining a triple certified copy of the foreign judgement. A collection attorney in New York can help you with this.
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