been my permanent residence and i have two children who reside here and are registered to school here and have been since birth. the house was bought between my mom and dad, i have step siblings who have a diff mom, is there anyway they can take over this house through probate? my dad didn’t have... Read more »
It depends what the deed says. If it was your dad's house alone, then your step siblings with the same father share equally to you, and they can ask that the house be sold. You should become administrator of his estate to gain control of the process.
My brother refuses to be involved in signing papers needed regarding my fathers estate. My mother’s bank accounts are frozen and they have a house in PR. Also my father sold his car to his brother in PR before dying but no title was signed my brother refuses to sign an affidavit giving up his... 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.
There is no surviving spouse. Can the IRS or any creditor place a lien on the deceased property prior to filing for Probate? What responsibility does the executor have under those circumstances?
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.
These are actually two forms. There is a waiver and consent, and a renunciation. A waiver and consent applies to the petition filed. If you sign, the petition will be granted. Renunciation is when a named fiduciary in a will does not want to act, and resigns.
The house is left equally to all heirs, to be sold and cash distrusted.
The will notes all house hold items are to be equally divided. If we are in disagreement, the the executor can devises a system of distribution of the house hold items.. if there is still a disagreement, then the... Read more »
The executor is responsible for the administration of the estate. Thus, the executor can prohibit entry to the house if there are concerns that something will be taken without permission. If the item has a monetary value it should be paid for even if it’s an heir that wants the item so the... Read more »
B (NY, died in 2017) left her estate in a 1961 will to two sisters; A (NY) and M (FL). The two sisters predeceased B. Beneficiaries to A's estate are her two children (NY & MA). Living beneficiaries to M's estate are her & B's brother, P (CA), and a niece, M (FL).
The answer will depend on what the will says. If the will has no "back up" people to receive the inheritance if the people listed as first choice have passed away, the inheritance will likely go to B's heirs by law. You should make an appointment with a probate attorney and have the... Read more »
Used both money but everything is my husband's name he passed away my money paid down payment the house we bought deed in his name now our killer kid trying to sell it .I m 71yr panic attack fears sleep less
You can try to make a claim in his probate case but it is going to be an uphill battle because that claim should have already been resolved in the divorce. An attorney needs to review all of the facts plus your divorce decree to help you determine whether it would be worthwhile for you to pursue.... Read more »
In February 2021 my sibling asked me to sign a waiver of process consent to probate form. I didn't want to sign it. I asked for a copy of the will and was denied. She and her brother said if I don't sign it the court was going to take the house. She said my brother signed the same waiver... Read more »
It is very hard to revoke a consent. From the post you were not coerced. You just did not seek good legal advice.
will reads I leave my estate to my children, if any, who survive me in equal shares, per stirpes - have received two different answers for what this means - the first lawyer I talked with stated that the estate would be divided between the three alive children and then the fourth share would be... Read more »
Since it conditions it upon surviving the maker of the Will, it would be be divided among the living children with no share will be given to the children of any child not living at the time of the maker's death. Per stirpes is inconsistent with the "who survive me" wording. That... Read more »
Lawyers will not talk to me or return my calls. It has been 3 years is there something legally I can do?
If you know the will says you get it, bring a petition to compel distribution. While not a form, this is basic work.
My sister and I were both appointed cold power of attorney each being able to act independently two months before my mothers passing my sister sold her David Lerner stock and transfer the money into Her personal account we were both supposed to be 50-50 beneficiaries on this account do I have any... Read more »
If your sister abused her power, whomever is appointed executor of the estate can go after her for the money taken. As for the probate of the Will, I’m not sure what you mean by probate date. COVID has slowed things down in some counties. But, not that significantly as long as you hire an... Read more »
My beloved father passed away in May of 2020 due to COVID and the house he owned was passed down to my two siblings and I. We all have a room full of personal items. We have all signed a document last year making my sister in charge I believe. I can’t quite remember exactly what the document was... Read more »
Although your question is limited to the items in your room, the real issue seems to be about control of the property your mother previously owned. If your mother died without a will, her New York real property passes to her heirs, which would be her children if she was not survived by her spouse.... Read more »
My mom signed a paper saying that she wants me to have all items of hers left in the home. Because she gave the rest of her children what she wanted them to have when she was alive and knew that they would give me a hard time. How can I protect myself, I know they want to be spiteful because mom... Read more »
No one can enter your home without consent. That being said, you may not be entitled ultimately to all items.
The decedent did not have any children of his own. He created a will in 1971 (NY) and it included his nieces and nephews at the time but additional nieces and nephews of the same family units already included in the will were born after 1971 and his will was never updated to include them. Are... Read more »
It depends on the language and intent of the testator if the additional Nieces and nephews take.
The nominated executor retained a lawyer to manage the estate of the decedent 5 months prior to being approved as executor. What then is the duty of the executor if there is also a Probate Estate Manager?
A nominated executor (named in the Will) or executor (appointed when Will is admitted to probate) should retain an attorney to assist them with the administration of the estate and legal affairs. The executor should be managing the assets such as collection the mail, providing information to the... Read more »
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.
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