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I got a letter asking me to sign and have notarized a “Receipt, Release and Waiver” saying I received distribution from my mom’s estate. If I’m reading the legalese correctly, it also releases the executor from any liability. The letter instructs me to send this to the lawyer’s office to... View More 
answered on Sep 26, 2022
It is standard. When you return it, say it is in escrow pending transmittal of the funds.
I am the administrator of my father's estate. My stepmother who predeceased him took out a mortgage in her name only. I cannot get any information on the loan until i get my name added to the deed. What is the quickest way for me to get this done. This information is needed urgently.
answered on Sep 21, 2022
You may be better off reposting under the "Real Estate" category. I'm sorry your question remains open for two weeks, given the urgency of the matter. It was probably overlooked under the "Government Contracts" heading. Some questions do go unanswered on this forum, but you... View More
One of her brothers predeceased her and since he was listed, his portion went to his son, my cousin.
My mother died after my aunt but before the estate was distributed.
The lawyer reached out to me 9 months ago to say that my sister and I would split mom's share. But calls... View More
We have no clue as to where the former spouse is. I'm whom she attempted to leave as executor.
answered on Sep 20, 2022
There are ways to find anyone. You are going to have to find them, or a last known address.
My brother is a friend of the CFP but has no legal authority for my estate - living trust. The CFP is in Georgia. I think he breached client confindentiality at the very least and likely violated a code of ethics. What recourse do I have? Is there a Board where I can lodge a complaint? Thank... View More
I am the administrator of my father's estate. My stepmother who is predeceased my dad took out a mortgage in her name only several years before she died. My dad never had the mortgage changed to his name neither did he add it to any paperwork he just paid it when it was due. Since his death... View More
answered on Sep 9, 2022
You are getting bad information. If you are administrator, you are entitled to information. If a foreclosure has not started you have time. However, you will have to reinstate the mortgage by paying all arrears to avoid foreclosure. The bank will not take partial payment. Hire a lawyer to deal... View More
I was just told by my deceased mothers financial advisor that distribution from her accounts have to be made to all beneficiaries at the same time. We are talking about an IRA and a Brokerage account both of which have designated beneficiaries named.
answered on Sep 1, 2022
This may be true. Generally speaking, brokerage firms and custodians of retirement accounts have contractual terms in the account agreement regarding the timing of distributions to named beneficiaries after the death of an account holder. Additionally, depending on state and federal law, and the... View More
answered on Aug 31, 2022
In New York, the estate, but costs can be assessed against the beneficiary if there is a specific bequest.
My mom just passed 4 weeks ago. My father didn't sign the will even though he clearly wrote it. Is it a binding document and since my mom is gone also are my father's wishes valid. My mom left no final wishes in writing
answered on Aug 27, 2022
First, this is not a Family Law question. It is a wills and estates question. Having said that, a will is not notarized. It is witnessed by at least 2 witnesses and the witnesses' affidavit is notarized. Also wills are not supposed to be handwritten except in rare circumstances. So the... View More
I own my home in my name.
answered on Aug 18, 2022
It depends what you want to achieve. A primary residence should go into a QPRT for tax purposes, and you need a disinterested trustee.
Grandfather passed away a few months ago and gave a life estate to my aunt who lives in the home. She is also the executor of his will. I am a remainderman. Now that probate is complete, should I have received anything that says I own an interest in the home? Or it is simply passed on to me upon my... View More
answered on Aug 17, 2022
There should be a recorded deed with you as remainderman, and aunt with life estate. Ask the lawyer for a copy, or you need to go to the County Clerk (if Suffolk Co., which is where you posted from).
She has neglected her obligations for over 6 months. she is frail and forgetful. she's financially solvent Recently I helped her pay the following: rent arrears to the landlord's lawyers, Con Edison shut off notice, cable tv, land line phone, car insurance, car mechanic. but she cannot... View More
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answered on Aug 15, 2022
If you believe she can understand what she is signing and wants to do so, she can sign a POA. If she does not understand or understands but does not want to, you will need to petition for guardianship. You should not try to do this without speaking with an attorney.
My son in law to inherit this property
answered on Jul 30, 2022
It looks like your question went unnoticed for almost a week under this general heading. You could repost and add "Probate" and "Estate Planning" as categories. There's no guarantee that every question is ultimately picked up here, but you might have better chances of a... View More
The house is in her name, her live-in boyfriend has a few bills in his name but not on the house.
She did NOT have a will.
The house is in semi-okay condition. It needs a lot of work. I would like to know how/when I should get the process started for putting her house on the market... View More
answered on Jul 2, 2022
A proceeding must be filed in Surrogate's Court to have an Administrator appointed as fiduciary of the estate. The Administrator can have the house sold and divide the proceeds.
Regarding the sale of the house, Have a free telephone consultation with counsel.
Jack
We are in NY State. Brother (executor) wants to distribute over 4 years (tax reasons): I prefer lump sum or 2 years. Can the cash be distributed in different ways to different beneficiaries? If not, does this require a legal intervention?
answered on Jun 30, 2022
The trust language controls. The Trustee must administer the trust strictly in accordance with the Settlor's intentions.
No health care proxy. She told me her wishes, and a Will was written for her to sign, get witnessed, and notarized, but her health turned (she's unconscious) so it's invalid. But I know her wishes. She has an estranged sister who is not the beneficiary (a non-relative third-party) of her... View More
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answered on Jun 19, 2022
The Power of Attorney is valid during her lifetime. If it gives you power to make financial decisions and transactions, you can pre-pay for burial and funeral arrangements now, including the headstone.
Divided between her and her sister and 50% split between 8 heirs. The estate was never closed. What happens to her share?
answered on Jun 2, 2022
Your mother's estate can demand either a formal or an informal accounting from the estate from which she was a beneficiary. Informal works if the other estate will cooperate, otherwise you would have to demand a formal judicial accounting.
Deceased died in 2003 and trustee has been embezzling ever since
answered on May 30, 2022
It should be immediate under the terms of the will. You need to bring a petition in Surrogate's Court for relief.
If one owner die , how to avoid outsider demands
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answered on May 12, 2022
There are several unknowns here and best to direct your question to an attorney, who can review the documents. In a nutshell, it all depends! It depends on the corporate structure, governing documents (and always but not likely primarily here on applicable laws). It is generally absolutely doable... View More
My dad who is still alive doesn't want her to have anything to do with will or benifit
answered on May 11, 2022
The answer depends on what your father's Will says on the subject. Without seeing the Will it is impossible to say. The Will might include language to deal with this type of situation, i.e. on of the named beneficiaries dying before the maker of the Will. Generally, a bequest in a Will does... View More
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