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Our parents owned our family house in Lynbrook, NY since 1962. My mother died in 1974. Dad married Clare soon after and in 1996 added C to the deed. He passed away in 2004. C removed his name from the deed. I have copies of the deed and subsequent alterations. Neither our father nor mother had a... View More 
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answered on Feb 16, 2023
If Clare was added to Deed as a joint tenant, she was entitled to 100% when your dad passed away. If she is listed as a tenant in common with your dad, you may be entitled to something.
I also have to change the electric and water to her name and was told I needed an Affidavit.
answered on Feb 7, 2023
A little more complicated. Assuming the house was held by your grandparents as husband and wife, you need to make an estate for the second to die, and then have your mother be conveyed the house as next of kin. If she has siblings, they need to sign off.
A will in NY state gives the homestead to one heir and the contents to another. During the probate process, who is legally responsible for paying bills associated with the property?
answered on Jan 28, 2023
The expenses of the estate are paid from Estate assets. The expenses associated with the property before it is transferred to the beneficiary are generally the Estate's responsiblity and not those of an individual beneficiary. The language of the Will may provide more guidance.
The estate will be in excess of $5 million.There's real estate, businesses, insurance, etc. We'd like the kids' input, and they are willing. We dread any infighting after we're gone. Recently family members have gone through torture. Any thoughts on how to best proceed? Thanks in advance.
answered on Jan 25, 2023
No. Consult with the attorney first and get an overview of what is available to you.
Jack
My elderly mother sold her house in 2019 to move a few miles so she'd be closer to my sister. My brother in law (a CPA) put the proceeds from the sale (>$100K) in a bank account in my nephew's name to hide the $ from the govt in case Mom went into a nursing home. He then bought a house... View More
answered on Jan 4, 2023
In the absence of some agreement regarding the proceeds of the sale of your mother's house, I generally agree with attorney Siegel. Based upon the fact pattern you described, your brother's house is your brother's house and your mother having lived there does not make it hers nor... View More
His daughter has already taking things from his house and said because they didn't talk for 5 years or more she said she is taking all his things to sell or bring to Florida. This includes his motorcycle he was leaving for his grandson. How do I stop this from happening
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answered on Jan 3, 2023
That is a real bummer, but when someone dies without a will, then state law determines who inherits. If your friend died unmarried but with one or more living children, typically the children inherit. Even though the daughter might not be strictly following the proper legal process, chances are... View More
Are married. One sister dies in NY with no will. What happens to her share of the estate(25%) she had 3 kids and husband when she died. Thank you for your help
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answered on Dec 19, 2022
Sister’s share becomes part of her estate. If she died without a Will, after certain property is exempted, the first $50,000 goes to the spouse and the rest gets split 50% to spouse and 50% to be split evenly by the children.
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answered on Dec 13, 2022
The question you have presented does not appear to be a legal one. What reason do you have for withholding pictures of their deceased mother?
My friend is a nursing home resident who has been receiving Medicaid to help pay for her care. Her brother passed away and his home health aide (HHA) has filed a purported will in a NY Surrogates Court. Its signing was not supervised by an attorney, no self-proving affidavit was completed, one of... View More
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answered on Dec 11, 2022
Let me understand what you are asking. Your friend's brother passed away leaving, what may possibly be an invalid or fraudulent Will. It was submitted to the court by his health aide who, I assume, was named the Executor. Your friend objected to the aide's appointment. You want to now... View More
Can I get the form from your office?
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answered on Dec 10, 2022
If you want the forms, they are available to the public at:
http://ww2.nycourts.gov/forms/surrogates/smallestate.shtml
You can find a notary fairly easily if you want to do it all yourself. Otherwise, many attorneys who practice in the area of probate and administration can prepare... View More
This info. needed asap.
answered on Dec 10, 2022
It could be difficult for attorneys to suggest general case law relevant to your given situation based on the brief description here. You could await a response, but given the short timelines for appeals, you could also consider reaching out to attorneys who practice in the area(s) of law involving... View More
answered on Nov 9, 2022
You cannot produce something you do not have. You would need to respond to the petition with an appropriate response.
With rights of survivorship.” We we’re not married when we bought the house but have since married. Should we change the deed to “husband and wife joint tenants with right of survivorship “ to avoid probate in the future. If one of us dies and the other wants to sell the house Or leave the... View More
answered on Nov 4, 2022
You must transfer the deed from tenants in common to joint tenants with rights of survivorship or tenants by the entirety to avoid probate. Feel free to contact me with me if you have further questions.
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answered on Nov 2, 2022
You will receive your inheritance a lot faster if you do and the estate will incur less expense if you do, which translates into more inheritance for you. If you have no reason to suspect wrongdoing on the part of the executor, then I would normally say yes. But if you suspect wrongdoing, then... View More
In New York, can you have Transfer On Death Beneficiary designation in the LLC Operating Agreement to avoid Probate of LLC membership interest?
Please note that the LLC holds Real Estate and I understand that real estate Cannot be transferred on Death in New York and New York only allows... View More
answered on Oct 28, 2022
Absolutely the operating agreement can provide for transfer on death to a specific person, which would avoid probate of that interest.
to get belongings. I have POA but the police won't make him give the keys back. What should I do?
The decedent passed in 2010 with a single townhouse as an asset. The executor (50% bene.) spent only four months trying to sell it and later rented in until 2018 when it was sold for $205K. The beneficiary (50% bene.) turned 21 in July 2022 and has just been informed (3 months later) that his... View More
answered on Oct 19, 2022
Short answer is no. Without an accounting proceeding how do you know there was wrongdoing? The expense of the accounting is borne by the estate off the top, not your son's half. And, if there was wrongdoing, the executor can be surcharged a penalty for the wrongdoing. Asking for an... View More
If a named executor is filing for probate ,can a named beneficiary compel production of the will
answered on Oct 5, 2022
Yes. There is a petition to do just that. Not a form per se, but a form.
i have been taking care of my mother which has dementia here at her house for last year,up until my sister put her in a home in florida 3 months ago..i have been getting emails stating that i need to vacate property within 3 months,and if i dont they will deduct $4000 month from my inheritance once... View More
answered on Oct 3, 2022
This is not a Family Law question. Repost in the estates forum.
answered on Oct 1, 2022
Your question may have gone unnoticed in the Family Law category. The nature of what you describe is closer to Probate and Estate Planning than Family Law. Although there's no guarantee that all questions are picked up, you might have better chances of a response under the Probate and Estate... View More
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