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My mother passed a few years ago and we need to provide letters of administration to her employer to be given the benefit of the pension she earned while working. I am filing a petition for the letters as her son, but I am also a barred attorney who works in the public sector. Do I file a statement... View More 
answered on Feb 9, 2025
Hello, I believe you will still file it even though you are not acting as the estate attorney.
22 NYCRR 207.16(e) ...
If a person requesting letters to administer an estate as sole executor or administrator is also an attorney admitted in this State, he or she shall file with the... View More
I am told after all is said and done out of the $75;000 dad settled for from my birth mothers lawsuit, he claims he gets %50 then half of the remainder balance and because after the lawyer and bills are payied the two children will not
Get anything he himself will get $30;000 at the end... View More
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answered on Jan 22, 2025
It is hard to tell from your description of the facts, but it sounds as though your mother died without a will. If that is the case, then inheritance is governed by the Estates Powers and Trust Law § 4-1.1 Descent and distribution of a decedent's estate, which provides, "The property... View More
answered on Jan 9, 2025
I interpret the question as may a beneficiary to an inheritance of a house disclaim the benefit? In that instance, it is as if you did not exist in the will [at least as far as the house goes] and any other beneficiary [such as a sibling also given a share of the house] could have his share... View More
Grandfather died. My grandmother was the beneficiary of his life insurance policy but predeceased him in 2016. They had 4 children which one died 9 days after him. If there's no contingent beneficiary, how will be payout be? Is the deceased child entitled to any of the money?
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answered on Dec 26, 2024
If a beneficiary of a life insurance policy predeceases the policyholder and there is no contingent beneficiary, the policy will be payable to the estate of the policyholder. If your grandfather had a Will, distribution will be made pursuant to that. The Will will have to be probated if that has... View More
I have proof the items belong to me.
answered on Dec 19, 2024
A person who dies without a Will (Intestate) leaves all of his real and personal property to his next of kin, in order of closeness. You say, however, that the personal property of the person who passed away (the Testator) is owned by you and that you have proof.
There are two ways... View More
I have proof the items belong to me.
answered on Dec 19, 2024
Unless you are an heir of a decedent who dies without a Will, you would not be entitled to inherit property from the decedent. However, if you have proof of ownership (e.g., receipts, contracts, written agreements, or other documentation showing the items belong to you), you can present this to the... View More
And school taxes that are behind, the house is still caught in probate court and i cannot make a payment plan since it isnt in my name, and i cannot afford to pay it all upfront. How do i stop the house from going into foreclosure?
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answered on Dec 11, 2024
First of all, don't panic. I am not sure where the property or the probate court are located, but as a sole practitioner, I see this many times a year. Find a small law local firm to probate the will or administer the estate. Nothing is going to move quickly. Gather up all of the... View More
And school taxes that are behind, the house is still caught in probate court and i cannot make a payment plan since it isnt in my name, and i cannot afford to pay it all upfront. How do i stop the house from going into foreclosure?
answered on Dec 11, 2024
I'm sorry for your loss and the challenges you're facing. If probate is delaying your ability to act, consider filing a motion requesting the court to grant temporary authority to address urgent matters, like paying property taxes. An attorney can assist with this.
Possibly, you... View More
He has 3 other children who are full siblings to my mother. This is in Brooklyn NY, NYC.
Uncle says life insurance payout is on hold because they need my mother's death certificate.
Uncles not forthcoming with information and seem to be trying to get death certificate without me knowing.
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answered on Nov 8, 2024
Sorry to hear about your loss. Generally the first beneficiary would be entitled to the proceeds. Since she died after, it is possible that her estate can make the claim. See if she had a Will. If so, that may dictate what happens to the distribution of the benefits and who would be the personal... View More
Far as I know he had no will. Life insurance policy had no beneficiary and bank accounts totaling 90,000 plus are currently frozen. Is my mother legally owed any of the money. Also there's another policy that has not been claimed. What happens if my mother is named a beneficiary?
We... View More
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answered on Oct 27, 2024
When there is no beneficiary named, the account will be paid to the decedent’s estate. If there is no Will, someone must apply to the Surrogate’s Court for Letters of Administration. The priority of who may apply is 1) Spouse, 2) Children, 3) Parents, 4) Siblings. The grating of Letters of... View More
My mother and father bought a house in the late 90's. Because of my fathers credit, he could not be put on the mortgage - nor was he put on the deed. My mother and her mother signed all of the original paperwork, but my mother and father paid the mortgage - and that's how it remains.... View More
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answered on Aug 22, 2024
I'm sorry to hear about your situation. Legally, if your father was never on the deed, he doesn't have ownership rights to the house, even if he helped pay the mortgage. Since your mother passed away without her will being probated, your father may have some rights to her share of the... View More
My sister’s home was condemn she had lived with two other people who did elderly abuse on her. They were supposed to have taking care of her but they did not. The house went to hell. My sister died from them not giving her medicines. I live an hour away, was not able to get to the mountains due... View More
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answered on Jun 26, 2024
I'm sorry to hear about your sister's situation and the difficult circumstances you're facing. To address your question about securing a condemned home:
1. Generally, the property owner is responsible for securing a condemned property. In this case, that would likely be your... View More
I am my brother’s only living heir.
answered on Apr 2, 2024
The best way is to run a social security search. However, if you were appointed as the fiduciary of his Estate you could contact the IRS and obtain a transcript to see what has been reported in the past, contact the local banks and other financial institutions and review all his records, bank... View More
I was in jail at the time plus I am my mother's 1st son and favorite yet I didn't sign anything or agree to nothing they just took everything
I need help
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answered on Mar 13, 2024
I'm so sorry to hear about your situation. Dealing with a manipulated will and the loss of an inheritance is incredibly painful, especially while also grieving the loss of your mother. Here are some steps you could consider taking to try to rectify the situation and get back what is rightfully... View More
can an court appointed admin of an estate pick and choose what to honor in a will/or unofficial will
answered on Apr 2, 2024
The fiduciary must follow the terms of the Will, assuming it is admitted to probate. If someone has standing, even a non-family member, then they can contest the Will. They will have to timely contest the Will, file the appropriate Objections and comport to all Court rules and requirements.... View More
can an court appointed admin of an estate pick and choose what to honor in a will/or unofficial will
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answered on Mar 4, 2024
An Executor appointed by the Court is a fiduciary of the estate. They are required to follow the directives set forth in the Will which has been validated by the Court. There is no such thing as an unofficial Will. A Will may be contested by non-family members. However, they must demonstrate... View More
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answered on Feb 15, 2024
In New York estate planning and probate, a citation in the context of a will is a legal notice issued by the court. This notice is sent to distributees (potential heirs and other interested parties) to inform them of the probate proceedings and to give them an opportunity to appear in court if they... View More
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answered on Jan 13, 2024
I'm sorry for your loss. I hope you are coping with that psychologically.
As for picking up your late mother's vehicle from the dealership, here are a few key things to consider:
- The repair bill is likely still due and must be paid. The dealership provided a service and... View More
answered on Jan 10, 2024
If you mean by probate is complete and a fiduciary has been appointed by the Court, it is up to the fiduciary pursuant to the terms of the Will and applicable laws, if he or she wants to make a partial distribution and if its proper under the circumstances. If it is proper under the facts of your... View More
What action can I take if he won a lawsuit, and I was the person that provided for him when he was alive and also paid all the expenses for his funeral. I called the law firm and was told that yes he won the case however no one will be getting any of the settlement.
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answered on Dec 29, 2023
If your cousin, an Army veteran, passed away without a will and won a lawsuit settlement, and you were the primary provider for him during his life and covered the expenses for his funeral, there are legal avenues you can explore. Despite the law firm indicating that no one will receive any of the... View More
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