My dad the administrater changed the deeds ownership somehow to his own when my mom died intestate, she’s the sole owner of the properties. He said he is continually keeping rents from said properties when he dies maybe we will get our inheritance from them. There are 7 children. Nobody agreed... Read more »
To deal with this you need to start a process in Surrogate's Court. An executor will be appointed and then your mothers property would be distributed according to the law Office cause there is no will.
If we do find a buyer, are 2 different checks cut...one in my decease dad’s name and one in my living mother’s name? Please reply only if you are familiar with NY state laws. My POA is for my mom who is still living. The letter of administration is for my deceased father.
A power of attorney ceases to have any effect upon the death of the person granting the power of attorney.
He died 20 years ago, he had no will. He had 3 daughters, including my mother, who are all still alive.
He was a singer/songwriter. Many of his songs were either typed on a typewriter or written in notebooks (only I have access to).
I want to publish his work, but I am afraid that... Read more »
His songs were copyright property and, like everything else he had, passes to others by a will or, if no will, by state laws. Someone owns the property including the copyright songs. A granddaughter might have rights however, with a mother(wife?) and children, it is not likely.
Your use... Read more »
my brother, one of the beneficiaries of the will, left me a threatening message saying I'm suppose to pay all the expenses from that and that I robbed him!
Simply having a joint account does not mean that both parties to the account are equal owners of the asset. For example, many older people will add an adult child to a bank account for convenience in having assistance with banking matters instead of to make a gift.
My mother passed away. She was married at the time of her passing. Then her husband passed away. Now I am in the process of filing for the 9/11 fund for my mothers passing. Because she was married at the time of her passing, do I have to find her husband's heir's? I would like to file for... Read more »
You should still be able to file for Letters of Administration. However, if your mother's husband was living at the time your mother passed, his estate will still be entitled to a share of your mother's estate.
I am trying to apply for the 9/11 Fund for my deceased mother. I have been told that because she was married at the time of her passing her husband would be entitled. He has since passed away. My mother did not have a Will. They have no children together. If my mother's husband had any... Read more »
You need to become the administrator of her estate. Who would get the money once collected by the estate depends on the family tree and times people died.
its been 6 years already and he obviously had no intention of notifying the beneficiarys that everything was completed nor did the executor, something is very fishy, I contacted the attorney and asked for all papers he said I will try to get things together, Said its been 6 years he said I really... Read more »
That seems like a very long time for you to not be informed of the delay.
The Principal is currently incapacitated. Principal and agent signed and 2 witnesses signed.
No. The form must be completed as required.
No estate account and no executor has been appointed
The account must have a named beneficiary. Upon death of the owner, it is supposed to be transferred to the beneficiary.
I’m in desperate need of help. Some key facts are as follows:
• Husband’s Brother Dies in Hospital in December 2015
• Husband becomes Executor of his Estate
• All Siblings and Parents are Named Beneficiary of Estate
• Wrongful Death Suit is Filed (in CT)... Read more »
If you husband is a beneficiary of his brother’s estate, his wife (you if you were married at time of death) and children are entitled to his share since he survived his brother.
The executor of my mother's estate says that estate expenses come out of the residuary estate, and since I'm the beneficiary of 65% of the residuary estate (and my brother is beneficiary of 35% of the residuary estate) that the estate expenses will have to be paid 65% by me and only 35%... Read more »
Any estate expenses are paid before distributions. I’m not sure what you mean by will’s expenses.
Surrogate's Court for the county where the person died. Clerk's number is online or in phone book.
We lived paycheck to paycheck. He had been disabled for 24 years. How do I get the deed in just my name?
You may not need to. If you are going to sell, Usually the title company will accept a deed granting to the buyer from the surviving spouse with a death certificate. If you do want to change the deed now, you would need to file a new deed along with the death certificate and transfer documents,... Read more »
My father died last October. He has a death benefit with his union. He was a resident of NYS, in NYC. He listed my mother as the beneficiary, but with an inaccurate/incorrect name and marital status. My mother is listed as his wife, but they never married. Her given name is listed with his surname.... Read more »
Do you have other siblings? If not, then it does not matter whether you or your mother gets it. They have to pay someone. Thus, offer them to either pay your mother, or pay an estate, or pay you. They may require waivers so they do not pay twice, but you do not care about that either.
The father passed away in June 2020. His four "personal use" vehicles in his garage are titled through his used car business. One of the vehicles has a value over $25,000. The executor of the will believes that all four vehicles "possibly" belong to the beneficiary that got the... Read more »
The title governs. It goes with the business.
Yes you can.
We all live in different states and another country. We are being sent papers to review and sign. What are these papers. This person we are told is our uncle. Lawyer found my father to notify but he has passed now lawyer wants us to sign papers but did not explain what they were for. Just told us... Read more »
Without seeing the paperwork, no one can properly advise you. Normally, when someone files a petition to be granted power to administer an estate, they ask potential distributees to consent to their appointment.
............
If the will was held privately, like in a bank, there is no record. When wills are filed with the Surrogate they are given numbers and entered. Thus, I am not sure where you think it is located.
note stating they can't take care of the home expenses and was giving the house to me fast forward to 2018 my mom passed away in January and in February a deed transfer was made taking my mom off the deed and adding myself along with my dad to the deed in April another deed transfer was made... Read more »
These cases turn on the facts. You must answer it and not default. The fact the deeds were done by a lawyer and notarized helps, as long as those people will testify for you. However, you are years away from that issue. For now, you just need to respond. The manner of the response depends on... Read more »
This lawyer did parents estate when mom had dementia put her on medicaid for $. Then sibling gets excess income I have to pay, created accounts w mom as joint, refused to pay me back, I couldnt object no lawyer, really want them all caught but no help but need to know my future I have mom and... Read more »
I cannot follow the facts. Is your mom dead or alive? You are mixing legal terms. The POA is not relevant if your mother is dead. If there is an estate, you have to petition for the relief you want.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
