Get free answers to your Probate legal questions from lawyers in your area.
note stating they can't take care of the home expenses and was giving the house to me fast forward to 2018 my mom passed away in January and in February a deed transfer was made taking my mom off the deed and adding myself along with my dad to the deed in April another deed transfer was made... View More 
answered on Aug 10, 2020
These cases turn on the facts. You must answer it and not default. The fact the deeds were done by a lawyer and notarized helps, as long as those people will testify for you. However, you are years away from that issue. For now, you just need to respond. The manner of the response depends on... View More
This lawyer did parents estate when mom had dementia put her on medicaid for $. Then sibling gets excess income I have to pay, created accounts w mom as joint, refused to pay me back, I couldnt object no lawyer, really want them all caught but no help but need to know my future I have mom and... View More
answered on Aug 9, 2020
I cannot follow the facts. Is your mom dead or alive? You are mixing legal terms. The POA is not relevant if your mother is dead. If there is an estate, you have to petition for the relief you want.
the lawyers handling the estate are telling her not to informed the banks until the estate goes into probate . is this normal procedure ?
answered on Aug 6, 2020
No. She can collect the accounts with a death certificate and should do so immediately.
"When such beneficiary reaches the age of 24 years the principle then remaining and any accumulated income shall be paid over to the beneficiary." What does the above mean regarding the inheritance of a trust? ie. is this trust being passed on OUTRIGHT AND FREE OF TRUST?" Does the... View More
answered on Aug 5, 2020
First, this is not a "Family Law" question. It is an estates question. However, any lawyer would need to see the entire trust to interpret it. What you are describing appears to be a final distribution of an asset, meaning it would no longer be governed by the trust, but, ahgain, that is... View More
Should the beneficiary follow the instruction of this probate attorney if what he says is not in writing?
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answered on Aug 4, 2020
Your question is not clear. If you are a beneficiary and you don’t trust the attorney handling the probate you can retain an attorney to advise you. I’m not sure what you are asking about the judge.
Can I contest that will as I have several other wills spanning 27 years that do not have my sister or her children in it.
Can I ask the court to appoint an Independent Executor as my sister abused her POA role before my mother died?
The Substitute Executors are not interested in the... View More
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answered on Aug 4, 2020
You can object to your sister’s appointment and to the validity of the Will. However, I would encourage you to retain an attorney to advise and assist you.
Father passed away from Covid in April, he left a handwritten will which stated that my Uncle was the beneficiary of his bank account, and he was to distribute the money equally between My mother , my brother and myself. My father has left a business and since we trusted my uncle would do the right... View More
answered on Jul 24, 2020
This should be posted in the Estates and Trusts section. However, in general, since your father died in NY, NY has jurisdiction. In NY, a handwritten will is not usually legal. You would have to start a proceeding in the Surrogates court where your father resided. As part of that proceeding,... View More
We were asked to prove paternity. Our daughter is 27 yrs old we lived together 29 yrs hes on certificate.
answered on Jul 21, 2020
If your daughter is the only heir, then the birth certificate is usually enough. If the court appointed a guardian for unknown heirs or someone is challenging, then you may need more proof. As you did not state where you are in the proceedings, I cannot give better advice.
I am trying to find out how I get items in a safe deposit box appraised if I cannot remove the items?
Facts:
1) The owners of the box are me and my father, my father is deceased. The bank knows this.
2) The bank is in NY.
3) The items within the box are likely small... View More
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answered on Jul 17, 2020
If you are listed as a joint owner I don't understand why you are not being given access. However, I suggest that you file for a small estate for voluntary administration based upon the assets you are aware of. Once you are empowered by the Court, you can certainly get access to the safe... View More
I live in Georgia and she lived in New York. I am the Executor of the will if appointed voluntary administrator is that all I need to carry out duties as Executor and will I be able to access banking info and have access to her apartment.
The co-op board says we have to purchase her co-op then be approved first before we can sell it. and there are fees involved of course and we need to hire a lawyer. Is this legal?
answered on Jul 15, 2020
Part true and part not true. The co-op can be left as provided in the will -- i.e, titled in all four of you. The problem with this provision is that the co-op has the right to approve any transfer like a sale. In short, the transferee needs to be approved like any regular buyer. As some co-ops... View More
I am named as executor. I am not on her bank account as joint owner but through power of attorney had access to her accounts.
answered on Jul 15, 2020
A Power of Attorneys become invalid upon the grantor’s death. To have the power to act with respect to assets in your mother’s name, you would need to be appointed by Surrogate’s Court as her executor
The trial began months ago w.the other side rested but due to Covid-19, put on hold. During the pandemic, I lost my job and attorney who got Covid-19. Pre-trial, he filed a MTD 3211 on estoppel based on a sister-state's trial they lost on same matter, but other side lied saying it was not on... View More
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answered on Jul 13, 2020
I would not do this by yourself. You should hire an attorney. CPLR 4401 usually relates to the evidence presented at trial. CPLR 3212 is a motion for summary judgment, asking the court for judgment based upon the law. If you previously moved for the relief requested a motion to renew or reargue may... View More
By sisters estate adminstration ?
answered on Jul 10, 2020
Unless the attorney is the executor or administrator there would be little reason for the attorney to be holding money in escrow , except possibly in connection with the sale of real property. In any event, provided the terms of an escrow agreement mandate the release of funds, it is simply the... View More
To his portion
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answered on Jun 14, 2020
If there was no Will then the assets pass to the children in equal shares. If a child predeceases the parents then that child’s share passes to his/her children in equal shares.
The lawyer said the court is requiring my Dads death certificate in order to settle the first wife's estate...they were divorced in 1965 and she died in 2010
answered on Jun 11, 2020
Are you referring to a death certificate for your father? You have no legal obligation to provide this. You can ask for the cost of obtaining it to be reimbursed.
my great aunt left a will naming nieces and nephews.
only my mother's immediate family - two brothers and sisters were in close contact and took active care of her. i.e shopping. hospitalizations from repeated falls, helping her walk and treating her infections.
the other... View More
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answered on May 24, 2020
Anti-lapse statute in NY allows children of named beneficiaries to receive gifts. Since the deceased beneficiaries died without children it doesn’t apply. Most properly drafted Will address that contingency. An attorney would have to see the Will to properly advise in this case.
my mom died and 2 long time family friends got power of attorney before her passing. they got POA when she was already sick with dementia this was done without me knowing. they put her in a nursing home without me know and wouldn't tell me where she was until she was there a month and a half.... View More
answered on May 21, 2020
You need to petition to be administrator of her estate and then sue the friends.
My grandmother told me in confidence that she had a will and left nothing to my father because she didn’t want the wife getting anything. It’s been a couple weeks and I’ve heard nothing about it. I asked family that were close to her but one gave me a weird bs answer and my dad made it seem... View More
answered on May 11, 2020
You cannot do anything without a will. Your father is next of kin, not you. If they destroyed the will then you are out of luck. If you could even get a copy you would be better off.
This news had been kept from me since 2010. The terms of the IRA (part of the trust) have been changed. The terms of an irrevocable trust have also been changed. The family attorney (Welch & Zink, of Corning, NY) no longer represents the family in favor of ". . . a close friendship with... View More
answered on May 5, 2020
This is not a family law question, it should be posted in the trusts and estates section. In addition, you should discuss that any lawyer the issue of the "family" attorney who now only represents your brother as there may be a conflict depending on the circumstances and facts.
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