We where never married, we had 2 children together. He has other kids from 2 different women. One never allowed him to see his child but is claiming money
If he owned the property he must have a deed. I assume you mean he does not have a will. Was he married at the time of his death? An estate action must be filed for intestate succession to determine the inheritence rights. Depending upon where he died, someone need to file the papers there and in... Read more »
Official appointment of Administrator by the Surrogate’s Court
My father was declared brain dead on Jan 9th, and passed away on Jan 24th. His girlfriend has made 2 withdrawals using ATM, one of which weeks after death. The DA said that it's not illegal if he gave her permission; but, how can he give permission if dead? They are not married. He died intestate,... Read more »
Regardless of whether you are able to convince the DA to take action, the Estate can commence civil litigation to recover any funds wrongfully withdrawn.
She plans to buy out my share and live in Mom's house. There are debts we need to settle yet. Do we wait until we pay off the debts and she pays me. Do we need to file an Executor's deed first?
We also just sent in forms ET-30 and ET-117 with the original letters.
If you are working together, I would do the Executor's deed but just to your sister. Memorialize your deal. It is important to do it right. Real estate title is really critical to get right. When you sell or refinance, there may be no way to cheaply correct errors.
As I am executor of my brother's estate, my mother asked to have the estate's only property partitioned. My mother and sister-in-law are both beneficiaries and they aren't getting along. The property is pre-marital property that was in my brother's name only and he willed the house to both his... Read more »
In this situation, as you describe it, your responsibility as an Executor is to transfer the property to your mother and sister-in-law and that is it. Let either one of them sue the other for partition since they are having the dispute.
In case where someone died intestate with no spouse, no descendants at all, and no surviving siblings, parents, or grandparents, my understanding is that the next distributees to be considered are "issue of grandparents".
If one child of the grandparents is still living, and another child... Read more »
Estates, Powers &Trusts Law Section 4-1.1 states:
“6) One or more grandparents or the issue of grandparents (as hereinafter defined), and no spouse, issue, parent or issue of parents, one-half to the surviving grandparent or grandparents of one parental side, or if neither of them... Read more »
After 5 years we would sell the house and split the monies. This sister is a lot shady. Can my brother and I force her to sell? I believe she has a felony
Conviction and we never appointed her executrix. If we did we never received papers for it what would be our recourse. She has... Read more »
From what you describe it does not appear that an estate proceeding was started or you would have been given notice. You can go to the Surrogates Court in the county where she lived to check. You may be able to force the house to be sold as a beneficiary. Let me know if you need further help.
Child turned 18 11/2019. Why are they asking for his signature on a Consent to Probate form.
Unfortunately, without more information about what your son is being asked to sign there is no way to accurately answer your question.
change all legal documentation, making himself a sole owner of all the houses, trusts, insurance policies, LLC’s, etc. He stole over $15 mil while my mom is still alive.
Your mom can sue him for breach of fiduciary duty, self dealing and fraud and void the transactions. However, I would need to know more to properly advise you. In any case, you and your mom should speak with an attorney.
I'm the executor of his will
You need an attorney who practices in Surrogate Court
Multimillion estate. My mother and I are left with nothing. Please advise.
Thank you!
It is not clear what you are asking.
My father’s estate is very large. How can I recover the funds given to me by my father?
If you believe your mother breached her fiduciary duty, you can challenge her actions and seek to recover any losses.
Her son, my cousin has blocked me from communications. He had a brother he passed away and his son (deceased brother) is incarcerated. The bank of the property is willing to allow me to action on the property if i provide letters of administration; my mother and i had paid for the funeral costs and... Read more »
Yes. If there is no Will naming a particular person as Executor/trix then you may apply for Letters of Administration.
In this case the executor is the sole beneficiary named in the will.
Absolutely. That is how it works. It is called a 1404 examination.
Denied copies of any papers. And never notified about anything. What can I do in this situation?
You can always get copies of any papers filed in court. You should also speak to an attorney about a will contest based upon what you are saying.
Mother had $78K credit card debt with $48K to one bank. Daughter has lived in home and was supported by mother for 15+ years. Daughter has no job and no assets. Can the bank force her to sell the home and become homeless? Daughter is not underage or disabled.
Yes. If home is owned by estate.
It depends upon the cooperation of potential distributees. If it is done correctly and everyone cooperates, it could be in 3-4 weeks.
My Aunt Margie died in 2015. She had three siblings; Tommy, Richie and John. Tommy was my dad and he passed in 2009. My Uncle Richie passed away in 2007 and also has two children. My Uncle John is still alive and my family and I don't speak to him. I was told by a friend that I should be entitled... Read more »
It depends if there was a will or not. And, if the money passed by a beneficiary designation or is in the estate. If an estate proceeding is opened, you should get notice. Or, you can call the clerk and see if one was filed.
My estranged uncle is petitioning to become the administrators of, first, his mother's estate (my step-grandmother), and then, second, his father's estate (my biological grandfather), essentially double dipping. My uncle had two sisters (my mother and aunt, both deceased). My mother had two... Read more »
You can object. As next of kin, he has priority, but the court can refuse him.
My grandfather died in 1994. He had three children (two daughters with his first wife, my grandmother, and one son with his second wife, my step-grandmother). Both wives have died. Both daughters have died. My mother had two children (both alive). My aunt had three children (two alive). My... Read more »
It does appear that you might be an intestate heir because your mother (grandfather's daughter) has died. Therefore, you have an interest in the estate. Therefore, you have standing to petition to be appointed personal representative of your grandfather's estate. Do not delay. If your uncle has... Read more »
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