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I'm the executor of his will
answered on Jan 6, 2020
You need an attorney who practices in Surrogate Court
Multimillion estate. My mother and I are left with nothing. Please advise.
Thank you!
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answered on Jan 5, 2020
It is not clear what you are asking.
My father’s estate is very large. How can I recover the funds given to me by my father?
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answered on Dec 16, 2019
If you believe your mother breached her fiduciary duty, you can challenge her actions and seek to recover any losses.
Her son, my cousin has blocked me from communications. He had a brother he passed away and his son (deceased brother) is incarcerated. The bank of the property is willing to allow me to action on the property if i provide letters of administration; my mother and i had paid for the funeral costs and... View More 
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answered on Dec 11, 2019
Yes. If there is no Will naming a particular person as Executor/trix then you may apply for Letters of Administration.
In this case the executor is the sole beneficiary named in the will.
answered on Dec 9, 2019
Absolutely. That is how it works. It is called a 1404 examination.
Denied copies of any papers. And never notified about anything. What can I do in this situation?
answered on Dec 8, 2019
You can always get copies of any papers filed in court. You should also speak to an attorney about a will contest based upon what you are saying.
Mother had $78K credit card debt with $48K to one bank. Daughter has lived in home and was supported by mother for 15+ years. Daughter has no job and no assets. Can the bank force her to sell the home and become homeless? Daughter is not underage or disabled.
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answered on Nov 19, 2019
It depends upon the cooperation of potential distributees. If it is done correctly and everyone cooperates, it could be in 3-4 weeks.
My Aunt Margie died in 2015. She had three siblings; Tommy, Richie and John. Tommy was my dad and he passed in 2009. My Uncle Richie passed away in 2007 and also has two children. My Uncle John is still alive and my family and I don't speak to him. I was told by a friend that I should be... View More
answered on Nov 15, 2019
It depends if there was a will or not. And, if the money passed by a beneficiary designation or is in the estate. If an estate proceeding is opened, you should get notice. Or, you can call the clerk and see if one was filed.
My estranged uncle is petitioning to become the administrators of, first, his mother's estate (my step-grandmother), and then, second, his father's estate (my biological grandfather), essentially double dipping. My uncle had two sisters (my mother and aunt, both deceased). My mother had... View More
answered on Nov 13, 2019
You can object. As next of kin, he has priority, but the court can refuse him.
My grandfather died in 1994. He had three children (two daughters with his first wife, my grandmother, and one son with his second wife, my step-grandmother). Both wives have died. Both daughters have died. My mother had two children (both alive). My aunt had three children (two alive). My... View More
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answered on Nov 13, 2019
It does appear that you might be an intestate heir because your mother (grandfather's daughter) has died. Therefore, you have an interest in the estate. Therefore, you have standing to petition to be appointed personal representative of your grandfather's estate. Do not delay. If your... View More
$135,000 child support default . He hid his business, etc. His Mom died in 2016 with a Nassau County Will and its still open- leaving him as one of her beneficarie.s He died after her in 2018without a will Her house just sold. I filed papers in Nassau Supreme Court, so my mother in laws attny is... View More
answered on Nov 7, 2019
Neither attorney is fully right and both are part right. You cannot do this yourself. File a claim in the ex mother in law's estate to buy time. Then get an order from the Supreme Court as the second lawyer said. Also, child support enforcement can help you. Contact the Family Court to... View More
My grandparents had mirrored wills and trusts. My grandfather passed several years ago, and my grandmother was the trustee and executor of my grandfather's estate. They had both signed a Joint Waiver of Agreement, a legally binding document whereby they relinquished the right to contest the... View More
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answered on Oct 24, 2019
She may have breached her duty. However, that determination would have to be made after reviewing the trust agreement.
my father died recently here in NY. I am his biological son and the paternity has been established. what am I entitled too if he didn't leave a will and he was not married?
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answered on Oct 19, 2019
Yes. You should inherit along with any other children he may have.
Mother passed 3 months after "given deed" or "transferred" but now she wants to go to probate but why if my mom had no money ?? Will states I get half of everything and real estate ??
answered on Oct 17, 2019
Your question is unclear. But, if you were supposed to get half the house and the deed gave it to your sister, she would have problems if you probated the will.
answered on Oct 4, 2019
Yes. But as the forms are different, I would change the health care proxy so NY hospitals do not give problems. Also, as state law differs, if the estate is large enough, change may be warranted for NY law if that is where maker of will resides now.
A family member passed away without a will leaving his wife and adult children. His name was on the deed for their home. His wife applied for and received letters of administration. Does she need to use an administrator’s deed to transfer the property to herself? If she does, would she only... View More
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answered on Sep 15, 2019
Yes. An Administrator’s Deed is the correct instrument for the transfer. Transfer taxes may not be required If there is no consideration for the transfer. However, if the property has a mortgage, relief of the mortgage obligation is consideration.
Actually, my sister stole my Mom's latest paperwork out of house about 6 months ago, and is using an old will (I haven't seen it) which she says calls her executor, though circumstances are vastly different now. She hasn't filed the estate, lives in Kentucky, and took a bunch of my... View More
answered on Sep 4, 2019
There is no deadline to file a will. If the estate is in New York, you can check with the court to see if any estate was opened.
The common law wife was previously his legal wife but they divorced; the other daughter is theirs. I'm currently in New York, he lived in Texas. I do not know if he had a will, or what is "estate" consists of and am not sure I will be considered when everything is reviewed. What are my rights?
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answered on Aug 26, 2019
If he left a Will that would control. If not, Texas law will dictate who is a beneficiary of the estate. If they divorced she might not be considered a common law wife. You should consult a Texas estate attorney to determine what your next steps should be.
She has not had the will shown to her nor seen what bills need to be paid, what has been paid. He wants to sell the house and the contents. Should she get her own lawyer to make sure he is doing nothing underhand? He had been in trouble years ago for ripping off a client.
answered on Aug 14, 2019
Yes, if there is enough value in the estate that it matters, she should have her own lawyer.
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