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My 26-year-old son passed away while visiting New York, and I need assistance collecting his belongings that were in his car. There was no will; his next of kin is his 4-year-old son, followed by his father and me, who are divorced. I've been in contact with the police and have been given the... View More

answered on Jul 7, 2025
I'm very sorry for your loss. Navigating the legal process after the unexpected passing of a loved one can be overwhelming, especially when trying to secure their personal property.
In New York, when someone passes away without a will, the distribution of their property follows the... View More
My father passed away in Puerto Rico and he has a bank account in New York City. He did not leave a will, and I am not yet the executor of his estate. The bank has informed me that I need to translate the death certificate, which is already bilingual (Spanish and English) from Puerto Rico. I... View More

answered on Jun 30, 2025
I’m sorry to hear about the loss of your father. Navigating the process of accessing a deceased relative’s assets, especially across jurisdictions, can be stressful and confusing.
In New York, if someone dies without a will, their estate must go through a process called administration,... View More
I was born in Bronx, NYC, in 1988 and adopted in 1994. My current birth certificate has my first name in all caps, and my last name has three asterisks after it. My social security number seems to be from South Carolina. I’m concerned about whether this is legal and if I might have two... View More

answered on Jun 26, 2025
I'm so sorry you're dealing with this confusing and stressful situation. Questions about identity, adoption, and inheritance can be deeply personal and legally complex, especially when records appear inconsistent.
In New York, once an adoption is finalized, the adopted individual... View More
I've been paying property taxes on a New York City property since 2022, but I'm not on the deed. I lived as a common law couple with the deceased owner, who passed away without a will. I would like to know the process and cost involved in transferring the deed to my name. There are no... View More

answered on Jun 23, 2025
There are at least two issues:
1. Who is/are the owner(s) on the current Deed to the property - I recommend examining the Deed to see the form of ownership. If someone else is on the Deed, then that person's rights would have to be determined which might impact your claim. If you are... View More
My married son passed away in New York without a will, leaving no children. Before his marriage in 2023, he lived with us for over 40 years and owed us money, although there's no documentation of it. His spouse, who has initiated probate, isn't sharing any information and is being quite... View More

answered on Jun 13, 2025
If your son had no Will, the laws of intestacy control who takes his estate. If he was married when he died and left no children, then his wife would be the sole beneficiary of his estate. if your son owed you money, then you could file a claim against the estate, but you would have to be able to... View More
I am transferring the ownership of a jointly owned home to a trust via a warranty deed. The home was previously owned jointly with my deceased spouse, and their interest was transferred to me as outlined in the will. Do I need to include my deceased spouse as a current owner on the deed for this... View More

answered on Jun 11, 2025
Was his Will probated? If it was then you are the owner if Husband owned anything to convey. More than likely you take as the surviving spouse, not through the Will Devise. Whatever the case, apparently you are the owner and should convey the property to the Trustee of the Trust. Absolutely... View More
I am dealing with a complicated situation involving immigration and inheritance issues in the U.S. My late father left me 90% of his property in his will, but my stepmother and stepsister are disputing this. I have a 5-year visit visa to the U.S. and have started a legal process concerning the... View More

answered on Jun 7, 2025
While your 5-year visitor visa allows you to be in the U.S. temporarily, it does not offer a path to lawful permanent residence. If your father had filed an immigration petition on your behalf before his passing, humanitarian reinstatement may be available — but it typically requires a close U.S.... View More
My mother passed away unexpectedly in Staten Island, New York. She had a checking account with her sister-in-law. I am her daughter and the executor of her estate, which includes only her house. I paid for her funeral expenses. There were no arrangements made regarding her debt. Should the money in... View More

answered on Jun 3, 2025
Joint bank accounts are considered property of the survivor. When your mother died, according to what you said, the joint bank account became the sole property of her sister-in-law. If you paid for her funeral, you are entitled to be reimbursed from estate assets. The bank account is not an estate... View More
In New York, I need to remove a deceased individual and a living person from the deed of a residential property, which has no mortgages or liens. The living person consents to be removed. How do I proceed with adding a new person to the deed?

answered on May 23, 2025
To change the ownership of a property deed in New York after the death of one owner and with the consent of a living owner, you must follow specific legal steps. The process will depend in part on how the current deed is titled and whether the deceased owner’s interest passed through a will,... View More
In 2013, I drafted a handwritten will for my mother based on what she dictated, and she signed it without any witnesses. She was of sound mind when she signed it. However, it is not truly a holographic will since I wrote it, not her. My mother passed away in September of 2014. Under New York law,... View More

answered on May 18, 2025
Under New York law, an unwitnessed will, such as the one you described, is generally not considered valid. New York requires that most wills be executed in a specific manner to be legally recognized. According to New York Estates, Powers, and Trusts Law (EPTL) § 3-2.1, a valid will must be:... View More
I am concerned about the legality of a transaction made by the executor of my mother's estate. Four days before my mother passed away, the executor, who was on my mother's bank account, withdrew $15,000. At that time, my mother was incapable of transferring money online due to her... View More

answered on May 21, 2025
I am sorry you are dealing with this situation during what must be a difficult time. Questions about financial transactions made shortly before someone’s death, especially by someone in a position of trust, can raise serious legal concerns, particularly when large sums of money are involved.... View More
I live in Syracuse, NY, and my mother passed away in 2020 without a will. I was appointed as the administrator of her estate by the surrogate court and have received letters of administration. I filed for full administration on February 13, 2024, and it's been 14 months now. There are no... View More

answered on May 21, 2025
I’m sorry for your loss, and it is understandable that you want to ensure everything is handled properly with your mother’s estate. Since you have been appointed as the administrator by the Surrogate’s Court and received letters of administration, you are the person legally authorized to... View More
My father passed away on November 26, 2023. We did not give consent for any organ or skin tissue donation, and there was no documented consent from him. We have not received any communication from hospital or medical authorities regarding this issue, nor are we aware of any automatic or implied... View More

answered on Apr 30, 2025
I am sorry for your loss and the distress this situation has caused. In New York, organ and tissue donation is regulated by the Public Health Law, specifically Article 43. Consent is a central requirement. No organ or tissue donation may be carried out unless the donor provided legally valid... View More
My father passed away on November 26, 2023. We did not give consent for any organ or skin tissue donation, and there was no documented consent from him. We have not received any communication from hospital or medical authorities regarding this issue, nor are we aware of any automatic or implied... View More

answered on Apr 28, 2025
I'm so sorry for your loss. Your first step in seeking legal redress would be to speak with an experienced personal injury attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. Although New York's highest court has answered in the negative the... View More
I am currently in the middle of divorce proceedings with my husband, who seems to be mentally incompetent. He was in a nursing home or rehab during our last court appearance 10 days ago and appears to be under heavy medication, possibly in Hospice. I am seeking medical information about his mental... View More

answered on Apr 2, 2025
I understand that navigating a divorce while also dealing with your husband’s declining health and concerns about his mental capacity can be incredibly stressful. It’s even more difficult when significant financial assets have been spent and you’re unsure of your legal options moving forward.... View More
My dad passed away several years ago, and due to disagreements among his children, I never filed for a Declaration of Heirs. My dad's house was solely under his name, and we were waiting for everyone to come together. However, it turns out that my dad's siblings, who had no legal interest... View More

answered on Mar 25, 2025
I'm sorry you're facing this situation—it can be deeply upsetting to discover that family members may have transferred or sold property without any legal authority. Based on the facts you've shared, it appears that your late father passed away intestate (without a will), and the... View More
As the executor of an estate, I have the verbal permission of all beneficiaries to represent the estate pro se in a case concerning an insurance claim related to the estate. The case has already been filed, and there are no disagreements among the beneficiaries regarding my handling of this case... View More

answered on Mar 23, 2025
I handle insurance matters, but not probate and estate matters. However, you posted a week ago and your question straddles both categories. It could be worth considering a consult with your attorney handling the estate to review your arrangements. Depending on the amount and importance of the... View More
In Federal Court, can an executor try a case Pro Se if all beneficiaries are okay with it, and the executor has not faced any legal challenges while managing the estate?

answered on Mar 20, 2025
I understand that navigating legal matters as an executor can be overwhelming, especially when trying to manage an estate while ensuring compliance with court rules. While it may seem practical to represent the estate Pro Se in federal court, unfortunately, an executor cannot do so, even if all... View More
I am in the process of filing paperwork to become the executor of my husband's estate after his recent passing. I have recently received paperwork indicating that I am in danger of losing my home due to foreclosure, and I need to respond urgently. The house is the only asset involved in the... View More

answered on Mar 18, 2025
If the foreclosure was just filed (as your questions suggests) it may not yet be the right to to consider a bankruptcy; especially if that is the only issue you are trying to resolve. If by "paperwork" you were referring to a notice of a sale, then that is a different story and you may... View More
My former wife, who recently passed away, wished to leave some money to a young lady she believed might be her granddaughter. The young lady is 21 years old, and my former wife wanted to confirm this relationship through a DNA test if the young lady is willing. No legal process has been started,... View More

answered on Mar 16, 2025
I understand that you want to honor your former wife’s wishes and ensure that this young woman has the opportunity to confirm her potential relationship with her. Since there are no legal proceedings underway and your former wife did not leave a formal estate or legal documents outlining her... View More
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