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claim to her share of the property?
answered on May 9, 2022
It depends on a number of things:
1. What title on the property is - if you are on title then you have a claim to at least part of the property
2. Does you mother have a Will naming you a beneficiary - if there is a Will and you are not named as a beneficiary then assuming the Will... View More 
Elderly client moved in with daughter who had coerced her to change her will and make her power of attorney. Elderly client asked lawyer to revise will without involving this daughter. She told him she was in fear of daughter, her finding out and taking it out on her because she found out... View More
answered on May 5, 2022
If an attorney was simply approached out of the blue, the general rule is that the attorney is free to accept or decline a matter. Same goes for the prospective client, who is free to retain or not retain an attorney. There are instances where an attorney may not easily withdraw, such as in an... View More
My grandmother has a will which lists my father and two aunts as beneficiaries. The will states that if one of those parties predeceases her, their share will be given to their children. In 2017, my father passed away. In Februaryof 2021, my grandmother (dads mom) passed away. My aunts have not... View More
answered on Apr 23, 2022
Your father’s children are entitled to 1/3 of your grandmother’s estate. The will should have appointed an executor(s) to handle the distribution of the property. You should speak to a lawyer.
There are 5 beneficiaries ( I will call them B-1,2,3,4,5)in our parents estate. I am one (B-5) and also the executor. B-1 & B-2 sued me for breach of duty. 9 years of court hearings finally came down in the judge finding no fault in me as executor and dismissed all charges.
The estate... View More
answered on Apr 18, 2022
It is not a suit by beneficiaries. You can bring a petition to surcharge the share of the one bringing the suit for the legal fees before you distribute. But, this will be another round of litigation.
answered on Apr 18, 2022
In addition to the order in which your father and his wife died and the name on the deed of the house, whether either your father or his wife left Wills detailing who their respective executors were or if someone was appointed the administrator of the estate(s) by the court is also relevant,... View More
The property is owned by a three member LLC with 5%, 15%, and 85% distribution. Upon death of the member with 5%, what happens to the property? Does his wife have a say in what happens with the property? Does she get any benefits from the property? Can she make decisions on the property? If the... View More
answered on Apr 6, 2022
Depends on the operating agreement. If truly silent, the shares pass to the estate.
The person looking to buy is my uncle, he offered 90,000 between my two brothers and I. Would be pay taxes on the 30,000 each. The stocks still in the estate and the offer is to give money to the lawyer who would then write the checks to us and the stocks would never technically be ours. Is there... View More
answered on Apr 4, 2022
Only the owner of the shares can sell them. If the shares are estate assets then the executor or administrator can sell them on behalf of the estate. Depending on the circumstances the estate might have a taxable gain, but if the cash after taxes is distributed to you and your brothers as heirs of... View More
My sister-in- law is the executor of the will and also on the joint bank account
answered on Mar 20, 2022
In New York, the names on the bank account trump the will, or more accurately, the bank account passes outside the will. That your sister is executor of your mother's estate is irrelevant. If she is the only one on the bank account, she gets the account. If she is a co-beneficiary on the... View More
the relatives left behind are a 23 year old daughter, 16 year old son, and 13 year old girl. No spouse exists.
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answered on Mar 7, 2022
From the individuals mentioned, only the 23 year old daughter would qualify as an Administrator for the estate. Someone will need to apply to the Court to serve. Once they are granted Letters of Administration by the Court, they may collect all property, make transfers, sell, and manage assets.... View More
If some one from my Friends or Extended Family is asking me, that they would like to write my name in there will as a Care Taker. If I say OK. What will be legal disadvantages in worst conditions for a Care Taker. If They are in Debts or can't pay the Hospital Bills in Future. Do I have to pay... View More
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answered on Mar 1, 2022
I am not sure what you have been asked to do. A Will is a document that states a person's wishes following their death. You would not be a caretaker of someone who has passed away. It is possible that you are being asked to be an agent under a Health Care Proxy, which is sometimes combined... View More
Out of 7 children and my grandmother, my aunt is the only living child. 24 grandchildren, including her children are living. Under the previous law, who would have been executor of estate and rightful heir? Under new law, I read that we all are. One cousin lives there for years. My aunt claimed... View More
answered on Feb 27, 2022
The state where a decedent lived at the time of his/her death determines which law applies for the determining distribution of estate assets. In New York, if there is not a will that provides for a different distribution the order of inheritance is outlined at this link:... View More
My mom is in a nursing home. They are asking me to become her power of attorney. Her husband he still lives home is not doing well and will probably pass soon. The nursing home is trying to put my mom on medicaid to pay for her long term treatment. When her husband dies, will the nursing home get... View More
answered on Jan 26, 2022
This has to be thoroughly examined and analyzed. Who is the beneficiary of the policy? What is the cash value (not benefit) of it? Whose house is her spouse living now? Medicaid application must be well cultivated and planned in advance because there is a cap for both income and assets of the... View More
The client in your office is 1 of the 3 children whose mother just passed away intestate, owning only 1 piece of real estate and a bank account. The client has been living with his mother in the property and claims that he should be allowed to purchase the property from the estate, but at a lesser... View More
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answered on Jan 25, 2022
I'm not sure if you are asking about New York. However, in New York, if the decent left no Will, the client can certainly petition to be appointed as Administrator. Personal representatives commonly have an interest in the estate assets that may conflict with other potential heirs. Those... View More
We received our house through a life estate in 2020 from my mother in law's death. The deed is now in my wife's and my name. In her Will, which was not probated, she left the house furnishings to my daughters. Not very bright, but typical of her. One of my daughters lives with us and... View More
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answered on Jan 19, 2022
If you are the owners of the house, all fixtures are part of the house. Furnishings are items such as tables, sofas, beds, chairs, etc. If your daughter wishes to enforce that provision, the Will would first need to go through the probate process.
We will be traveling abroad and our son will stay with my sister. If we get in a plane crash we want to make sure he is taken care of according to our wishes. We wish to appoint my sister as legal guardian. Should we establish a will to express our wishes in regard to our property and our... View More
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answered on Jan 19, 2022
We here cannot offer legal advice as there is no attorney-client relationship formed between the asker and the responding lawyer. We are an education site.
One bit of education is that the law works best when an event giving rise to a case already happened. This means the process is far... View More
as 100% owner of the corporation now can i file an unjust enrichment claim to recoup some of the investment on behalf of the corporation? I tried to purchase this property however i am the executor and my family will not approve of the sale even though I offered over fair market value for it. I... View More
answered on Jan 18, 2022
You have presented a complicated situation that is not suited to being addressed in this forum. Your questions and concerns would be better addressed by retaining competent legal representation.
Of dispensing the funds. The funds are in unclaimed funds and the monies are dwindling away. After numerous conversations and promises, he refuses to disperse the funds. I have filed a claim myself and provided them with the necessary proof, but they have advised me that as long as the executor is... View More
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answered on Jan 17, 2022
In NY, If all you need is a death certificate, you should be able to get one from the Dept of Health. If you wish to be appointed as the new Administrator of the estate, you will have to petition the court, describing the situation.
Our father lives here in New York.
I have power of attorney of my dad's real estate and financial situation. My mom is still married with my dad. Can we transfer deed to my dad? Can I do this with power of attorney. Who would have rights to my brothers house after his passing? What can I do?
answered on Jan 12, 2022
You can report the property onto court in claiming ownership but with evidence on why. With our estate planning services we can provide you the help you need.
I live in the house. Dad and Mom wanted only me to have house, not my brother, because I took care of them for over 10 years. There are no papers signed though for me to have it. My brother said you have to have his name on it also because they left no papers for me to have it.
Is this... View More
answered on Jan 10, 2022
Your brother is right. Children split equally if there is no will.
I have power of attorney of my dad's real estate and financial situation. My mom is still married with my dad. Can we transfer deed to my dad? Can I do this with power of attorney. Who would have rights to my brothers house after his passing?
answered on Jan 5, 2022
If the property is in Puerto Rico, you need a lawyer there. If it is in New York, you need to become estate fiduciary in PR, and then do an ancillary proceeding here.
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