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John sold the entire stamp collection to a museum. The will was not altered to reflect the change in ownership.
answered on Apr 28, 2020
It doesn't matter that the will wasn't changed, the will is effective as the date of death as to what is in John's possession at that time. Since the stamps were no longer John's for whatever reason, the bequest is like it never was.
family album pictures saved over the years are now in possession of nieces and nephews. as the sole survivor of my family, do I have a legal right to these pictures, many of which I have only a memory about. And if so, what could I do to get them back? Included from memory are pictures of my... View More 
answered on Apr 26, 2020
The question is who had the pictures originally. If it was your parents then you may be entitled to them, if the pictures were in someone else's possession and was given by them to the nieces & nephews then you have no claim. The best thing to do is ask for copies of the pictures be made for you.
I feel she did not do the right thing and she didn't go by what the will said
answered on Apr 21, 2020
I'm sorry your post remains open for three weeks. At this point, you could try reaching out to Probate - Estate Planning attorneys here on this site, or ones you find through your own searches to see if it is possible to arrange a free initial consult to briefly discuss the matter. Good luck... View More
Can I file his taxes or should I leave it alone? Is it legal for me to do it since he is married. He never gave consent for any specific individual to file taxes as we were in the process of doing so while he was diagnosed with cancer. Rapid divorce was not as rapid as his diagnosis unfortunately... View More
answered on Apr 20, 2020
Only his estate representative can file his taxes. The wife is due the first $50,000 of his estate unless he had a will, so unless the refund is more and there are other assets, there is no need to do it.
Need clarification about who must file for probate following a relative's death. Relative in question has multiple children and one of the children is named executor of will. However, I want to know if any beneficiaries in the will can initiate probate.
answered on Apr 14, 2020
Generally, the individual named as executor files the Petition to probate the Estate with the Surrogate's Court. If the Executor fails to act in a timely manner, a beneficiary may instead be entitled to file.
answered on Mar 26, 2020
If you want to hire me to get involved and read the papers you have let me know. Without seeing documents I cannot determine what happened enough to give a legal opinion.
My father passed away March 17, 2018. He placed my brother and I as the beneficiaries to his NYCERS pension. My stepmother is fighting it, trying to get her elective share which we are ok with, we recently got a letter from her lawyer with a title notice of settlement granting elective share.
answered on Mar 26, 2020
A notice of settlement is a proposed court order to be entered after a court hearing. You shoud have been noticed of a hearing. It may be nothing other than granting what you agreed to anyway, but only a lawyer seeing the paperwork could know. Has NYSERS held the money or do you have it?
My father recently passed away in New York we believe without a will. At least we have not been able to locate one. He left a considerable estate to which myself and my sister are the only airs. We were wondering what we need to do next he had several CDs in three local banks to which total almost... View More
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answered on Mar 15, 2020
You must petition the Surrogates Court for Letters of Administration in order to be given the power to collect and distribute assets. If you are not going to be present in NY you should retain an attorney to assist you.
His only brother died before him a week ago and left my uncle his property and assets. All his siblings are dead. Niece and nephew, the only surviving children of his siblings, want to know who has right to assets. The niece took care of my uncle prior to his death and has her name on his bank... View More
answered on Mar 13, 2020
This is an estate question not Family Law. There are many variables here. One question is who passed first your uncle or his brother. If uncle died first his brother's estate may not come to your uncle - it depends on what the will says. In most cases, it would provide that if uncle died... View More
My father's eldest and last surviving brother, passed away in December of 2016, leaving behind a property & bank accounts, which have gone unclaimed. I helped my Dad find a Lawyer who, was paid a retainer of nearly $3000 but, did nothing for which he was paid -- in fact, he has ignored my... View More
answered on Mar 8, 2020
As a first step, you could contact an attorney in Puerto Rico who handles Estate Matters. You could also repost your question under Puerto Rico (follow the link that says "Show More States.") There are attorneys who practice in Puerto Rico who are active on this Q & A board. You could... View More
Long story short she moved to Fl to be closer to my brother ( he lived there at the time) and for the weather. Moms health isn’t always the best. He took a job and moved to VA about 2 years later. He handed he major investments, he did some foolish things with her money, “ he “bailed”her... View More
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answered on Mar 4, 2020
Start by reporting the suspected financial abuse of an elder to the Adult Protective Services agency closest to your mother.
Beyond that, you will need to find a fiduciary litigation attorney to sue your brother to have him removed as your mother's attorney in fact and to return the... View More
We where never married, we had 2 children together. He has other kids from 2 different women. One never allowed him to see his child but is claiming money
answered on Feb 20, 2020
If he owned the property he must have a deed. I assume you mean he does not have a will. Was he married at the time of his death? An estate action must be filed for intestate succession to determine the inheritence rights. Depending upon where he died, someone need to file the papers there and in... View More
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answered on Feb 19, 2020
Official appointment of Administrator by the Surrogate’s Court
My father was declared brain dead on Jan 9th, and passed away on Jan 24th. His girlfriend has made 2 withdrawals using ATM, one of which weeks after death. The DA said that it's not illegal if he gave her permission; but, how can he give permission if dead? They are not married. He died... View More
answered on Feb 13, 2020
Regardless of whether you are able to convince the DA to take action, the Estate can commence civil litigation to recover any funds wrongfully withdrawn.
She plans to buy out my share and live in Mom's house. There are debts we need to settle yet. Do we wait until we pay off the debts and she pays me. Do we need to file an Executor's deed first?
We also just sent in forms ET-30 and ET-117 with the original letters.
answered on Feb 8, 2020
If you are working together, I would do the Executor's deed but just to your sister. Memorialize your deal. It is important to do it right. Real estate title is really critical to get right. When you sell or refinance, there may be no way to cheaply correct errors.
As I am executor of my brother's estate, my mother asked to have the estate's only property partitioned. My mother and sister-in-law are both beneficiaries and they aren't getting along. The property is pre-marital property that was in my brother's name only and he willed the... View More
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answered on Feb 4, 2020
In this situation, as you describe it, your responsibility as an Executor is to transfer the property to your mother and sister-in-law and that is it. Let either one of them sue the other for partition since they are having the dispute.
In case where someone died intestate with no spouse, no descendants at all, and no surviving siblings, parents, or grandparents, my understanding is that the next distributees to be considered are "issue of grandparents".
If one child of the grandparents is still living, and... View More
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answered on Jan 24, 2020
Estates, Powers &Trusts Law Section 4-1.1 states:
“6) One or more grandparents or the issue of grandparents (as hereinafter defined), and no spouse, issue, parent or issue of parents, one-half to the surviving grandparent or grandparents of one parental side, or if neither of them... View More
After 5 years we would sell the house and split the monies. This sister is a lot shady. Can my brother and I force her to sell? I believe she has a felony
Conviction and we never appointed her executrix. If we did we never received papers for it what would be our recourse. She has... View More
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answered on Jan 14, 2020
From what you describe it does not appear that an estate proceeding was started or you would have been given notice. You can go to the Surrogates Court in the county where she lived to check. You may be able to force the house to be sold as a beneficiary. Let me know if you need further help.
Child turned 18 11/2019. Why are they asking for his signature on a Consent to Probate form.
answered on Jan 7, 2020
Unfortunately, without more information about what your son is being asked to sign there is no way to accurately answer your question.
change all legal documentation, making himself a sole owner of all the houses, trusts, insurance policies, LLC’s, etc. He stole over $15 mil while my mom is still alive.
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answered on Jan 6, 2020
Your mom can sue him for breach of fiduciary duty, self dealing and fraud and void the transactions. However, I would need to know more to properly advise you. In any case, you and your mom should speak with an attorney.
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