My father just found out he was beneficiary to half of the home. My father will probate the will, Is my uncles estate due the half share? There are no clauses in will regarding either heirs death when will is probated. No mention of their in-laws or estates. This is in NY.
The will governs the disposition. The uncle's estate would be surcharged for rent for the seven years.
When my wife passed away she had credit card debt on cards that were only in her name. She also had life insurance for which I am the named beneficiary.
Can the companies make me use the life insurance proceeds to pay the credit card debts?
The general answer is no. There is a legal theory called the doctrine of necessaries in which they could sue you for certain types of charges, but it never happens if the balances are regular. Take the insurance, report your wife's death, and only do something if they contact you.
My mother who is sick and has Alzheimer’s has a condo in Florida that isn’t being used. We live in NY. It is in the family trust. It is willed to my estranged sister after mom passes. The maintenance fees are 400 a month plus taxes, and I would rather use that money towards her care or save... Read more »
As Trustee, you have the power to administer the trust and the assets contained in it. The Trust agreement will dictate what you can and cannot do. The Trust agreement would need to be reviewed before a proper opinion could be provided.
Loan as well as the title. After closing the title will be ONLY ON MY DAUGHTERS NAME
Will my fiance kids (all married) claim the house when hes not around anymore?
You could repost and add Real Estate, Probate, and Estate Planning as categories - those areas of law are closer to the issues you raise than the Family Law category is. Not every question is picked up, but you could have better chances there. Good luck
Tim Akpinar
I’m the executor. My brother passed away on 2/5. Is he still entitled? This is in NY.
The Will should indicate whether his heirs will inherit his share, assuming he has heirs. Since they passed so close to each other, there is often a provision in the Will regarding if a beneficiary is considered to have predeceased or survived your cousin.
Mom needed 24/7 monitoring, and frequent trips to Drs and treatment. I worked from home to care for her. She died in 2015 and now I must sell the house and split the proceeds with my sister who never visited or cared for mom. I also paid for new appliances, a front porch, a whole house generator... Read more »
You may be entitled to credits for the improvements. However, if you had no caregiver agreement while she was alive you would not be entitled to compensation.
Family member A has Family member B as beneficiary in their will. Family member A's financial advisor has Family member C as beneficiary. What entity take precedence upon death of Family member A's death?
Generally, a Will only has power to dispose of assets owned by the decedent after death. Therefore, an asset such as an investment account that has specific instructions designating disposition of the asset upon death controls.
If a co op of a deceased persons estate is the type of co op which can only be handed back to the company and one can not sell it themselves or rent it themselves. Will the company be forced by the law to release all funds gotten from sale and allow the debts of the estate to be paid in order of... Read more »
You will need to get Voluntary Letters of Administration to collect this asset, unless there is more to the estate. The funeral must be paid by someone, who will get reimbursed by the administrator.
My mother's will states that the estate will cover final expenses. I laid out the funds and my siblings reimbursed me their share of the cost. The estate has not reimbursed me for my share. (I have no idea if the estate paid them back). The attorney for the estate is trying to get me to... Read more »
If he is putting in writing that the estate is reimbursing you in exchange for a release, I don’t understand your hesitation. Do you believe you are owed anything more?
The Office of the Public Administrator. As there is nothing in it for you, no reason to get involved.
yes and no. YEs, but you can file an affidavit explaining the delay after a certain point. These are almost always sufficient to make deadlines unlimited.
I am a beneficiary for two properties. One of the properties I currently live in and the deed is half in my name. The other half is in my late relatives name. The second property I am owed half from the sale of the administrator. No wills were left from my late relatives. I went to mediation and... Read more »
Did you go at this along, representing yourself? I need a lot more information before I can give you a better answer. There are too many what if's.
Is there a time period in which this must be done?
You must file a petition in Surrogates Court to be given power to probate the Will and administer the estate, which would include transferring the house.
The executor of the estate, who is also a beneficiary has removed "all" personal items of the decedent from the home. The executor was given the home in the will. The other two beneficiaries were not given an opportunity to go through any of their father's personal items, furniture,... Read more »
Yes, they should sue. The Executor is not authorized on their own to do this. They should be communicating with the other beneficiaries. Yes, this certainly could be grounds to have them removed and replaced.
My mom passed over a year ago and we had the deed set up as joint tenants with right of survivorship. The title company just notified me there is no evidence of her passing since she was married and her death certificate states my step dads last name. Is there any way to avoid probate and prove to... Read more »
A copy of the marriage certificate should be sufficient proof of the name change. This would require communication with the title company to determine what else is concerning it.
When a life tenant dies, the owner of the property has full rights. In other words if a property is deeded to A, reserving a life estate for B, when B dies, A has full rights to transfer or sell.
lone parent passed away own home . no will 5 children . now 1 sibling is being threatened with garnishment of income due to outstanding 100k med bill. instead of placing lien on home. is this a normal ,legal procedure?
No. They must have signed hospital papers as responsible party. You are right. It is for the estate to pay, if anyone.
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 »
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