Get free answers to your Probate legal questions from lawyers in your area.
I couldn't find the house deed. My lawyer's P.L. said they could for $500. I eventually paid $10 for an official copy at town hall. I'm still not sure how to change the title, I don't understand the included instructions. My lawyer said he could help. I've paid them approx... View More 
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answered on Aug 12, 2019
There is no way any attorney in this forum can answer your question without reviewing your various engagement letters with your NY attorney because the answer depends entirely on the scope of those engagements and the fees quoted.
I'm the executor of Mother's estate + not in good shape to tackle this or pay to have it done. She died on Nov 4, 2018. I would say it's very unlikely she'd owed taxes, considering expenses from her long illness from Mar 2018 till her Nov 2018 death; all her MDW's were made... View More
answered on Aug 12, 2019
You should file 2018 and mark deceased and put the date of death. Without a deceased return the IRS can't know she died.
My brother is deceased. No living parents, spouse or children. All siblings except one are living. Probate lawyer is telling us we must find and contact an estranged niece. Is this true? It is hiolding up probate process.
answered on Aug 2, 2019
It depends on two things. One, what the will says. Two, when the siblings died relative to the decedent. It could be true.
We are still married, and we have two minor kids in a marriage. Do my kids have right for share of this trust?
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answered on Jul 28, 2019
The trust generally spells out what happens when the maker passes away. I assume you father in law was the maker and your husband was the trustee. If no successor trustee is named in the trust, a petition will need to be brought in Court to appoint a trustee. If your kids are not beneficiaries of... View More
I cannot afford a lawyer, I want to Kno if any lawyers do any pro bono cases. For my children's sake, I need to get the deed transferred to my name, for the mortgage company, so I have a chance at saving the house, so we don't become homeless. If someone is willing to help me, I can work... View More
answered on Jul 26, 2019
I am not sure you need to do what you think you need to do. It depends on the equity, if any, in the house.
Or a hier to the family. He has been telling my other cousins that me and my sister have no claim because we were adopted. And this uncle is my so called Godfather
answered on Jul 22, 2019
Unfortunately, adoption or not, a person has the legal right to leave his estate to whomever he wishes. The only limitation is that if the testator is married, in New York, a certain percentage of the estate must be left to the wife.
A squatter has been there for three months. Does she have rights? What can she do?
answered on Jun 30, 2019
If it is not her primary residence the rent stabilization law causes the apartment to be lost. The landlord will evict the occupant. You cannot transfer rights like this by will.
I had a revised will drawn up. I asked the attorney if I should give a copy to my executor. I was told not to give him a copy and to put the one I had in a safe place and let the executor know where it was. It seems to me that the executor should get a copy.
answered on Jun 26, 2019
The executor should have a copy, with a note where the original is located.
answered on Jun 25, 2019
If the case was in FL it is an FL question, but the answer generally is yes.
Was I entitled to receive interest accrued on top of that amount? He says no. Due to a legal issue I had with the Executrix. She changed my aunt's will after her husband died in 2005 giving herself 50% of the assets instead of 8.33% she and I were both to receive on a $1.2 million estate.... View More
My father died intestate in NY, small estate (>$50K), my mom (his wife) did not want to be administrator so I am doing it (his daughter). Father had 3 vehicles, one of which is a NY registered vehicle physically located in another state. Father was very clear on his desire to gift this vehicle... View More
answered on Jun 18, 2019
You may transfer the car to anyone. I would get something in writing from your mom.
My mom and my dad sold the house they owned together in NY and bought a house together (theyre both on the mortgage) in Florida in ~2013. My dad has never lived in the house, he stayed in New York with his mom. My parents separated but stayed legally married. My brother moved to FL with my mom. My... View More
answered on Jun 14, 2019
Under NY law, I don't see that you have any case against your father. You can try to bring an action to be appointed the guardian of his property if he is incapable of making decisions, but that is a long process and if your father is able to make rational decisions you will loose. You can... View More
answered on Jun 14, 2019
Your question is confusing. Probate means a will. Heirs receive stuff, so their will is generally not relevant. "Diciest" is unclear. Without understanding the facts, contacting heirs is the first thing an attorney does when hired, so the answer is no time.
e.g. A person wishes to make an animal shelter a beneficiary and the attorney feels that human charities should have priority.
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answered on Jun 8, 2019
Attorneys are not obligated to accept any client or any work. However, if it is shown that their refusal is illegal discrimination they are subject to all potential civil and administrative penalties. In this case, there does not appear to be such discrimination. If the attorney has taken your... View More
My husband was awarded administrator of his fathers estate. My father-in-Law was not married and my husband is his only child. The estate has a mobile home on 1/2 acre of land. Final bills keep rolling in and we are trying to hold the property. Can we rent the property to help pay the final bills?
His brother is trying to say he owns the camp
answered on May 20, 2019
When you say camp, do you mean a business that is a camp for kids? His kids inherit his estate, not his brother. But a business is likely incorporated, and the corporate papers will govern what happens to your friend's share.
This paragraph appears in my last will and testament:
I direct that all estate, succession, inheritance, transfer, legacy, or other death taxes imposed by the laws of the United States or any state thereof upon any property constituting a part of my gross taxable estate or upon any... View More
answered on May 14, 2019
If there is not enough money in the estate to pay taxes, people who got other property have to pay in proportion to what they got.
this was not witnessed or notarized meant Step dad they were married 45 yrs
answered on May 13, 2019
No. But you and your stepdad can work it out between you if you agree. If not, you get half and he gets half, but you need to form an estate.
There are three insurance policies, dated 1947, that my maternal grandmother had in which her husband was the beneficiary. In the event of his decease, the benefit would go to her eldest son. That son is also deceased, as are all the other children of my grandmother. However, the wife of that uncle... View More
answered on May 11, 2019
Call the companies and see if they were cashed in. Likely they were. You do not need to show an actual policy to cash in.
There is a clear will leaving everything to six friends. I’ve found that he had five uncles, all dead. He had no communication with any cousins.
Do cousins need to be found? What does the court require?
answered on May 1, 2019
Honestly, this is not a simple estate. There is a pro se clerk you can talk to in the Surrogate's Court, but in my view you should have a lawyer. Your questions are so broad and so general, it would be like teaching a course in probate. See the clerk. If you still cannot understand what to... View More
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