Because your grandfather left a Will, it has to be probated by the court if he had assets that require probate. You as the grandson have no direct stake in the estate.

As you describe it, your mother would have to be named in the section of the probate petition naming all people with an... Read more »

If the property was acquired by your parents during their marriage, it was probably owned as a “tenancy by the entirety”. That means when your father died, your mother was automatically 100% owner. There are several options to make sure it goes to the kids upon her death. She can sign a new... Read more »

It depends on a number of things:

1. What title on the property is - if you are on title then you have a claim to at least part of the property

2. Does you mother have a Will naming you a beneficiary - if there is a Will and you are not named as a beneficiary then assuming the Will... Read more »

Basically that depends on two factors -- how title to the property is held and whether your mother has a will.

If you are a joint owner it is your account as much as it was hers. No need to probate her will.

Depends on the operating agreement. If truly silent, the shares pass to the estate.

In New York State a notary public is not required for a will but two witnesses are. Since all formalities must be properly completed or a will to be accepted to probate, I strongly suggest that you have a lawyer prepare and supervise the execution of your will instead of DIY.

Your question appears to be about a Will. A living will something different. However, usually if percentages fall short of the full amount, any mention of the residuary means whatever is left. See if the Will mentions “residuary” or “residual”.

You may compel an accounting 7 months after the appointment of a fiduciary and admitting the Will to probate. The accounting would also force the estate to distribute the funds. You do not need to be in NY but retain the services of an attorney who practices in NY. Our clients who have... Read more »

The state where a decedent lived at the time of his/her death determines which law applies for the determining distribution of estate assets. In New York, if there is not a will that provides for a different distribution the order of inheritance is outlined at this link:... Read more »

It sounds like the life insurance company might have given up (a bit prematurely perhaps) and decided to go ahead and escheat the life insurance proceeds to the state. Go to this website for the New York unclaimed funds department and look for the name of the life insurance beneficiary:... Read more »

The executor has the right and obligation to administer the estate which generally means selling the real property as soon as reasonable possible and appropriate. The executor must do what’s right for the estate and maximize the inheritance no matter who is the beneficiary.

Your brother is right. Children split equally if there is no will.

There is estate tax (above a certain value) on the value of the estate. There is income tax to the fiduciary for income realized during the administration of the estate. If assets are sold at a profit, the gain is on the difference between the date of death value and the sale price, which is... Read more »

A statute of limitations is the time limit on how long you have to bring a lawsuit. In a personal injury case the time limit is typically three years from the date of accident, but there are other shorter time periods that could apply.

A waiver of the statute of limitations is when a... Read more »

There is no question to answer.

Revivals of causes of action are by statute. They are few and far between in NY; they are remedial legislation.

The waiver of a statute of limitations is rare, but does happen. These waivers are based upon an equitable principle whereby the... Read more »

Your question remains open for a week, and looks like it could involve Washington State law. There's no guarantee all questions are ultimately picked up on this board, but you could try reposting under Washington. Good luck

Tim Akpinar

When there is no Will, it is called Administration. But it works similarly to Probate. If an estate has not been established yet, one will probably be needed. If the house was in both their names and was bought when they were married, the survivor of the two would be 100% owner; your dad it... Read more »

If a required family member will not sign waivers, the party seeking to file the Petition for Probate or Administration will be required to seek the service of Citations from the Court.

You must do probate to transfer the property. Claims from the IRS and others will get adjudicated in the probate. If there are large tax debts, the property might need to be sold to pay them. The executor would have personal liability for transferring property in the face of unpaid debt.