New York Probate Questions & Answers
Q: My mother passed away due to illness. She had no will but had personal belongings that she wanted her children to divide
Not a lot. Unless these items are titled in some way, your brother will say they were gifted to him prior to death, and you have little to say against it.
Q: My father passed away over 20 years ago. It was recently discovered that he did not cash some of his pension checks
The answer depends upon the amount involved, and whether the funds are held by the pension fund or have been sent to unclaimed funds at New York State.
Q: Using CA Small Estate Affidavit to settle father's CA estate. How do we do NY Ancillary Probate for vacation home in NY?
I assume from your questions that there is a valid last will and testament and that your father did not have assets in California that necessitated its being probated. Whether the Will must be probated in NY depends on the nature of your father’s real estate ownership there. For example, if the real estate in New York is owned by your father in joint tenancy with any surviving joint tenant, probate would not be required. The transfer of title would have happened by operation of law...
Q: I received poor legal advice in regards to an estate and it's now in surrogate court, do I have legal recourse?
Your question is confusing, but if you are administrator do what you want as the law requires. If there is a will, you can still probate it. The will appears to be the only way you get the house without paying off the family that appears to recognize your claim for paying all of these years.
Q: What is the average fee to transfer ownership of a house that will go into probate because of the death of the owner?
Many factors, such as whether the decedent had a will, go into determining the legal fees that may be incurred in association with transferring title to a home after the passing of the owner. Therefore, would probably be most helpful in your situation to consult with various attorneys of your choice and inquire as to their best estimates as to the expected amount of fees based upon your circumstances.
Q: My aunt left no will, need to know what steps to take next?
Answered on Nov 26, 2018
If there is no will, your cousin inherits everything. You have no role here. What are you trying to do?
Q: In New York State , how long must an heir wait after probate for the will to be distributed ?
While there may be a reason to wait, seven months after letters are issued, which is the time for claims, is the standard time to wait. To compel payment, you would need a petition in the court.
Q: What should be done with a deceased relative's documents?
As next of kin, file a voluntary administration to collect the bank account. Check unclaimed funds to see if there is anything on deposit with New York State. There is no need to keep records of old assets, etc., but this estate needs to be cleaned up.
Q: can i be held accountable for a contract i did not sign? i am one half of an estate and other half signed
Answered on Oct 17, 2018
More details are required, including the actual contract. But it sounds like it is not binding.
Q: My ex-husband's house is in probate. My minor children should inherit . His mother is his adult surviving heir.
Probate means there was a will. Children do not have to be left anything. How do you know that your children inherit something?
Q: How can I bury my brother?
You can do it. Just call the morgue. Do not reference the wife. Just say you are the sister and go from there.
Q: Father died, no will in NY leaving surviving spouse & grown children. Spouse is selling off items before probate
If there is no will, the children are entitled to a share of their father's estate. Instead of asking of asking if the actions of your father's spouse are legal, you should consider moving forward with an administration of his estate in Surrogate's Court. This would allow for the appointment of an Administrator to handle things legally.
Q: My brother passed. No will. Wife of less than a year already filed papers swearing of no living relatives to him.
His wife is next of kin. She controls all property. You need to ask her. You have no legal rights.
Q: Can real property be transferred intestate (death 5 years prior) by surviving issue without probate to one issue?
A quitclaim deed is not the way to go, but if all issue sign a proper deed, you can do it without probate or administration.
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