Father passed away from Covid in April, he left a handwritten will which stated that my Uncle was the beneficiary of his bank account, and he was to distribute the money equally between My mother , my brother and myself. My father has left a business and since we trusted my uncle would do the right... Read more »
This should be posted in the Estates and Trusts section. However, in general, since your father died in NY, NY has jurisdiction. In NY, a handwritten will is not usually legal. You would have to start a proceeding in the Surrogates court where your father resided. As part of that proceeding,... Read more »
We were asked to prove paternity. Our daughter is 27 yrs old we lived together 29 yrs hes on certificate.
If your daughter is the only heir, then the birth certificate is usually enough. If the court appointed a guardian for unknown heirs or someone is challenging, then you may need more proof. As you did not state where you are in the proceedings, I cannot give better advice.
I am trying to find out how I get items in a safe deposit box appraised if I cannot remove the items?
Facts:
1) The owners of the box are me and my father, my father is deceased. The bank knows this.
2) The bank is in NY.
3) The items within the box are likely small... Read more »
If you are listed as a joint owner I don't understand why you are not being given access. However, I suggest that you file for a small estate for voluntary administration based upon the assets you are aware of. Once you are empowered by the Court, you can certainly get access to the safe... Read more »
I live in Georgia and she lived in New York. I am the Executor of the will if appointed voluntary administrator is that all I need to carry out duties as Executor and will I be able to access banking info and have access to her apartment.
Yes, you will.
The co-op board says we have to purchase her co-op then be approved first before we can sell it. and there are fees involved of course and we need to hire a lawyer. Is this legal?
Part true and part not true. The co-op can be left as provided in the will -- i.e, titled in all four of you. The problem with this provision is that the co-op has the right to approve any transfer like a sale. In short, the transferee needs to be approved like any regular buyer. As some co-ops... Read more »
I am named as executor. I am not on her bank account as joint owner but through power of attorney had access to her accounts.
A Power of Attorneys become invalid upon the grantor’s death. To have the power to act with respect to assets in your mother’s name, you would need to be appointed by Surrogate’s Court as her executor
The trial began months ago w.the other side rested but due to Covid-19, put on hold. During the pandemic, I lost my job and attorney who got Covid-19. Pre-trial, he filed a MTD 3211 on estoppel based on a sister-state's trial they lost on same matter, but other side lied saying it was not on... Read more »
I would not do this by yourself. You should hire an attorney. CPLR 4401 usually relates to the evidence presented at trial. CPLR 3212 is a motion for summary judgment, asking the court for judgment based upon the law. If you previously moved for the relief requested a motion to renew or reargue may... Read more »
By sisters estate adminstration ?
Unless the attorney is the executor or administrator there would be little reason for the attorney to be holding money in escrow , except possibly in connection with the sale of real property. In any event, provided the terms of an escrow agreement mandate the release of funds, it is simply the... Read more »
To his portion
If there was no Will then the assets pass to the children in equal shares. If a child predeceases the parents then that child’s share passes to his/her children in equal shares.
The lawyer said the court is requiring my Dads death certificate in order to settle the first wife's estate...they were divorced in 1965 and she died in 2010
Are you referring to a death certificate for your father? You have no legal obligation to provide this. You can ask for the cost of obtaining it to be reimbursed.
my great aunt left a will naming nieces and nephews.
only my mother's immediate family - two brothers and sisters were in close contact and took active care of her. i.e shopping. hospitalizations from repeated falls, helping her walk and treating her infections.
the other... Read more »
Anti-lapse statute in NY allows children of named beneficiaries to receive gifts. Since the deceased beneficiaries died without children it doesn’t apply. Most properly drafted Will address that contingency. An attorney would have to see the Will to properly advise in this case.
my mom died and 2 long time family friends got power of attorney before her passing. they got POA when she was already sick with dementia this was done without me knowing. they put her in a nursing home without me know and wouldn't tell me where she was until she was there a month and a half.... Read more »
You need to petition to be administrator of her estate and then sue the friends.
My grandmother told me in confidence that she had a will and left nothing to my father because she didn’t want the wife getting anything. It’s been a couple weeks and I’ve heard nothing about it. I asked family that were close to her but one gave me a weird bs answer and my dad made it seem... Read more »
You cannot do anything without a will. Your father is next of kin, not you. If they destroyed the will then you are out of luck. If you could even get a copy you would be better off.
This news had been kept from me since 2010. The terms of the IRA (part of the trust) have been changed. The terms of an irrevocable trust have also been changed. The family attorney (Welch & Zink, of Corning, NY) no longer represents the family in favor of ". . . a close friendship with... Read more »
This is not a family law question, it should be posted in the trusts and estates section. In addition, you should discuss that any lawyer the issue of the "family" attorney who now only represents your brother as there may be a conflict depending on the circumstances and facts.
John sold the entire stamp collection to a museum. The will was not altered to reflect the change in ownership.
It doesn't matter that the will wasn't changed, the will is effective as the date of death as to what is in John's possession at that time. Since the stamps were no longer John's for whatever reason, the bequest is like it never was.
family album pictures saved over the years are now in possession of nieces and nephews. as the sole survivor of my family, do I have a legal right to these pictures, many of which I have only a memory about. And if so, what could I do to get them back? Included from memory are pictures of my... Read more »
The question is who had the pictures originally. If it was your parents then you may be entitled to them, if the pictures were in someone else's possession and was given by them to the nieces & nephews then you have no claim. The best thing to do is ask for copies of the pictures be made for you.
I feel she did not do the right thing and she didn't go by what the will said
I'm sorry your post remains open for three weeks. At this point, you could try reaching out to Probate - Estate Planning attorneys here on this site, or ones you find through your own searches to see if it is possible to arrange a free initial consult to briefly discuss the matter. Good luck... Read more »
Can I file his taxes or should I leave it alone? Is it legal for me to do it since he is married. He never gave consent for any specific individual to file taxes as we were in the process of doing so while he was diagnosed with cancer. Rapid divorce was not as rapid as his diagnosis unfortunately... Read more »
Only his estate representative can file his taxes. The wife is due the first $50,000 of his estate unless he had a will, so unless the refund is more and there are other assets, there is no need to do it.
Need clarification about who must file for probate following a relative's death. Relative in question has multiple children and one of the children is named executor of will. However, I want to know if any beneficiaries in the will can initiate probate.
Generally, the individual named as executor files the Petition to probate the Estate with the Surrogate's Court. If the Executor fails to act in a timely manner, a beneficiary may instead be entitled to file.
If you want to hire me to get involved and read the papers you have let me know. Without seeing documents I cannot determine what happened enough to give a legal opinion.
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