I had a revised will drawn up. I asked the attorney if I should give a copy to my executor. I was told not to give him a copy and to put the one I had in a safe place and let the executor know where it was. It seems to me that the executor should get a copy.
Was I entitled to receive interest accrued on top of that amount? He says no. Due to a legal issue I had with the Executrix. She changed my aunt's will after her husband died in 2005 giving herself 50% of the assets instead of 8.33% she and I were both to receive on a $1.2 million estate.... Read more »
My father died intestate in NY, small estate (>$50K), my mom (his wife) did not want to be administrator so I am doing it (his daughter). Father had 3 vehicles, one of which is a NY registered vehicle physically located in another state. Father was very clear on his desire to gift this vehicle to... Read more »
My mom and my dad sold the house they owned together in NY and bought a house together (theyre both on the mortgage) in Florida in ~2013. My dad has never lived in the house, he stayed in New York with his mom. My parents separated but stayed legally married. My brother moved to FL with my mom. My... Read more »
Under NY law, I don't see that you have any case against your father. You can try to bring an action to be appointed the guardian of his property if he is incapable of making decisions, but that is a long process and if your father is able to make rational decisions you will loose. You can try...Read more »
Your question is confusing. Probate means a will. Heirs receive stuff, so their will is generally not relevant. "Diciest" is unclear. Without understanding the facts, contacting heirs is the first thing an attorney does when hired, so the answer is no time.
Attorneys are not obligated to accept any client or any work. However, if it is shown that their refusal is illegal discrimination they are subject to all potential civil and administrative penalties. In this case, there does not appear to be such discrimination. If the attorney has taken your...Read more »
My husband was awarded administrator of his fathers estate. My father-in-Law was not married and my husband is his only child. The estate has a mobile home on 1/2 acre of land. Final bills keep rolling in and we are trying to hold the property. Can we rent the property to help pay the final bills?
When you say camp, do you mean a business that is a camp for kids? His kids inherit his estate, not his brother. But a business is likely incorporated, and the corporate papers will govern what happens to your friend's share.
This paragraph appears in my last will and testament:
I direct that all estate, succession, inheritance, transfer, legacy, or other death taxes imposed by the laws of the United States or any state thereof upon any property constituting a part of my gross taxable estate or upon any... Read more »
There are three insurance policies, dated 1947, that my maternal grandmother had in which her husband was the beneficiary. In the event of his decease, the benefit would go to her eldest son. That son is also deceased, as are all the other children of my grandmother. However, the wife of that uncle... Read more »
Honestly, this is not a simple estate. There is a pro se clerk you can talk to in the Surrogate's Court, but in my view you should have a lawyer. Your questions are so broad and so general, it would be like teaching a course in probate. See the clerk. If you still cannot understand what to do,...Read more »
My grandmother had 2 children, my mother and my aunt. My mother died ten years ago and my grandmother died recently leaving behind no will. Does my aunt automatically inherit everything or do my sister and I have rights to my mother's share?
Your mother's children have the rights your mother would have had, according to NY EPTL 4-1.1(a)(3), as long as your grandmother had no surviving spouse. Your aunt does not automatically inherit everything.
My sister who resides in Puerto Rico has assumed complete control over the home. She refuses to provide specific information and her attorney will not share information. I am one of three sisters (heirs) who reside in New York City and of us all want to sell the home. what can be done?
I assume from your questions that there is a valid last will and testament and that your father did not have assets in California that necessitated its being probated. Whether the Will must be probated in NY depends on the nature of your father’s real estate ownership there. For example, if...Read more »
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