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My dad passed away several years ago, and due to disagreements among his children, I never filed for a Declaration of Heirs. My dad's house was solely under his name, and we were waiting for everyone to come together. However, it turns out that my dad's siblings, who had no legal interest... View More 
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answered on Mar 25, 2025
I'm sorry you're facing this situation—it can be deeply upsetting to discover that family members may have transferred or sold property without any legal authority. Based on the facts you've shared, it appears that your late father passed away intestate (without a will), and the... View More
As the executor of an estate, I have the verbal permission of all beneficiaries to represent the estate pro se in a case concerning an insurance claim related to the estate. The case has already been filed, and there are no disagreements among the beneficiaries regarding my handling of this case... View More
answered on Mar 23, 2025
I handle insurance matters, but not probate and estate matters. However, you posted a week ago and your question straddles both categories. It could be worth considering a consult with your attorney handling the estate to review your arrangements. Depending on the amount and importance of the... View More
In Federal Court, can an executor try a case Pro Se if all beneficiaries are okay with it, and the executor has not faced any legal challenges while managing the estate?
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answered on Mar 20, 2025
I understand that navigating legal matters as an executor can be overwhelming, especially when trying to manage an estate while ensuring compliance with court rules. While it may seem practical to represent the estate Pro Se in federal court, unfortunately, an executor cannot do so, even if all... View More
I am in the process of filing paperwork to become the executor of my husband's estate after his recent passing. I have recently received paperwork indicating that I am in danger of losing my home due to foreclosure, and I need to respond urgently. The house is the only asset involved in the... View More
answered on Mar 18, 2025
If the foreclosure was just filed (as your questions suggests) it may not yet be the right to to consider a bankruptcy; especially if that is the only issue you are trying to resolve. If by "paperwork" you were referring to a notice of a sale, then that is a different story and you may... View More
My former wife, who recently passed away, wished to leave some money to a young lady she believed might be her granddaughter. The young lady is 21 years old, and my former wife wanted to confirm this relationship through a DNA test if the young lady is willing. No legal process has been started,... View More
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answered on Mar 16, 2025
I understand that you want to honor your former wife’s wishes and ensure that this young woman has the opportunity to confirm her potential relationship with her. Since there are no legal proceedings underway and your former wife did not leave a formal estate or legal documents outlining her... View More
My deceased mother left me as the proxy for her estate after I obtained legal documentation from the court. However, her boyfriend transferred the vehicle title to himself, likely by accessing her documents in her apartment. There was no will left by my mother. When I confronted him, he drove off.... View More
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answered on Mar 11, 2025
I’m sorry to hear about the difficult situation you’re dealing with. In New York, you have legal options to reclaim the vehicle that was transferred without your authorization, especially given your role as the proxy for your mother’s estate. Since there was no will left by your mother, the... View More
I have a question regarding the validity of a will in New York. There is a clause stating that "any power of appointment hereunder must be exercised by the creator's will, living trust, or other written instrument which, within ninety (90) days of the creator's death, must be either... View More
answered on Mar 9, 2025
Your question involves a power of appointment clause, which can impact the validity and distribution of assets under a will. In New York probate law, this type of provision can be strictly interpreted, so if the power of appointment was not exercised or submitted for probate within 90 days, the... View More
My father died by suicide a year ago, and the trust managing his home sold it, intending to divide the proceeds equally between me and my two siblings. Initially, I was told that my father left a note indicating his wish for me to have his truck—the place of his passing—and divide personal... View More
answered on Mar 3, 2025
I’m very sorry for your loss. It’s understandable that you want to ensure your father’s wishes are honored, and it sounds like there are serious issues with how your siblings are handling the trust and estate distribution. Since you already signed off on them being co-administrators, you... View More
My mother recently passed away on January 28, 2025. I have been living in our apartment as an occupant, but she was the leaseholder. She always handled the bills, but I discovered she hadn’t paid the Con Edison bill for a long time, and now it’s up to $8,000. She left no money or assets.... View More
answered on Feb 28, 2025
Dear Manhattan Tenant:
This issue is not strictly a landlord and tenant matter--but it seems at least for the moment--you are at the mercy of Con Ed.
Read the information at:
https://everloved.com/articles/post-death-logistics/how-to-handle-utility-bills-after-someone-dies/... View More
The estate of my father, James S. Balewick, case #2022-2348 in Monroe County, paid out its last payment over a year ago. Despite this, the case remains open. Additionally, while I can see the distribution of funds to other beneficiaries, I am unable to view the distribution to Lori Balewick, who... View More
answered on Feb 28, 2025
The easiest way to find out or get more information will be contacting the fiduciary and/or the Surrogate's Court. It may be required locally that a proof of the completion of the administration of the estate must be filed by the fiduciary.
My mother passed a few years ago and we need to provide letters of administration to her employer to be given the benefit of the pension she earned while working. I am filing a petition for the letters as her son, but I am also a barred attorney who works in the public sector. Do I file a statement... View More
answered on Feb 9, 2025
Hello, I believe you will still file it even though you are not acting as the estate attorney.
22 NYCRR 207.16(e) ...
If a person requesting letters to administer an estate as sole executor or administrator is also an attorney admitted in this State, he or she shall file with the... View More
I am told after all is said and done out of the $75;000 dad settled for from my birth mothers lawsuit, he claims he gets %50 then half of the remainder balance and because after the lawyer and bills are payied the two children will not
Get anything he himself will get $30;000 at the end... View More
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answered on Jan 22, 2025
It is hard to tell from your description of the facts, but it sounds as though your mother died without a will. If that is the case, then inheritance is governed by the Estates Powers and Trust Law § 4-1.1 Descent and distribution of a decedent's estate, which provides, "The property... View More
answered on Jan 9, 2025
I interpret the question as may a beneficiary to an inheritance of a house disclaim the benefit? In that instance, it is as if you did not exist in the will [at least as far as the house goes] and any other beneficiary [such as a sibling also given a share of the house] could have his share... View More
Grandfather died. My grandmother was the beneficiary of his life insurance policy but predeceased him in 2016. They had 4 children which one died 9 days after him. If there's no contingent beneficiary, how will be payout be? Is the deceased child entitled to any of the money?
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answered on Dec 26, 2024
If a beneficiary of a life insurance policy predeceases the policyholder and there is no contingent beneficiary, the policy will be payable to the estate of the policyholder. If your grandfather had a Will, distribution will be made pursuant to that. The Will will have to be probated if that has... View More
I have proof the items belong to me.
answered on Dec 19, 2024
A person who dies without a Will (Intestate) leaves all of his real and personal property to his next of kin, in order of closeness. You say, however, that the personal property of the person who passed away (the Testator) is owned by you and that you have proof.
There are two ways... View More
I have proof the items belong to me.
answered on Dec 19, 2024
Unless you are an heir of a decedent who dies without a Will, you would not be entitled to inherit property from the decedent. However, if you have proof of ownership (e.g., receipts, contracts, written agreements, or other documentation showing the items belong to you), you can present this to the... View More
And school taxes that are behind, the house is still caught in probate court and i cannot make a payment plan since it isnt in my name, and i cannot afford to pay it all upfront. How do i stop the house from going into foreclosure?
answered on Dec 11, 2024
I'm sorry for your loss and the challenges you're facing. If probate is delaying your ability to act, consider filing a motion requesting the court to grant temporary authority to address urgent matters, like paying property taxes. An attorney can assist with this.
Possibly, you... View More
And school taxes that are behind, the house is still caught in probate court and i cannot make a payment plan since it isnt in my name, and i cannot afford to pay it all upfront. How do i stop the house from going into foreclosure?
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answered on Dec 11, 2024
First of all, don't panic. I am not sure where the property or the probate court are located, but as a sole practitioner, I see this many times a year. Find a small law local firm to probate the will or administer the estate. Nothing is going to move quickly. Gather up all of the... View More
He has 3 other children who are full siblings to my mother. This is in Brooklyn NY, NYC.
Uncle says life insurance payout is on hold because they need my mother's death certificate.
Uncles not forthcoming with information and seem to be trying to get death certificate without me knowing.
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answered on Nov 8, 2024
Sorry to hear about your loss. Generally the first beneficiary would be entitled to the proceeds. Since she died after, it is possible that her estate can make the claim. See if she had a Will. If so, that may dictate what happens to the distribution of the benefits and who would be the personal... View More
Far as I know he had no will. Life insurance policy had no beneficiary and bank accounts totaling 90,000 plus are currently frozen. Is my mother legally owed any of the money. Also there's another policy that has not been claimed. What happens if my mother is named a beneficiary?
We... View More
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answered on Oct 27, 2024
When there is no beneficiary named, the account will be paid to the decedent’s estate. If there is no Will, someone must apply to the Surrogate’s Court for Letters of Administration. The priority of who may apply is 1) Spouse, 2) Children, 3) Parents, 4) Siblings. The grating of Letters of... View More
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