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My grandmother had 2 children, my mother and my aunt. My mother died ten years ago and my grandmother died recently leaving behind no will. Does my aunt automatically inherit everything or do my sister and I have rights to my mother's share?
answered on Apr 11, 2019
Your mother's children have the rights your mother would have had, according to NY EPTL 4-1.1(a)(3), as long as your grandmother had no surviving spouse. Your aunt does not automatically inherit everything.
We are 6 siblings all grown My brother took all of her personal belongings jewlerey, coin collections ect. He refuses to share the items. What can I do in this case?
answered on Jan 12, 2019
Not a lot. Unless these items are titled in some way, your brother will say they were gifted to him prior to death, and you have little to say against it.
The pension administrator indicated the unpaid checks are designated as part of of my father's estate. My mother passed away 1 month ago. Should we include my mother in the letter of adminstration?
answered on Jan 10, 2019
The answer depends upon the amount involved, and whether the funds are held by the pension fund or have been sent to unclaimed funds at New York State.
My sister who resides in Puerto Rico has assumed complete control over the home. She refuses to provide specific information and her attorney will not share information. I am one of three sisters (heirs) who reside in New York City and of us all want to sell the home. what can be done?
answered on Jan 4, 2019
Neither. If it is a joint account the money is yours. Just take it.
Because there are no letters of administration with the CA Small Estate Affidavit, how do we we file with the NY Surrogate Court?
Also, since none of the executors or beneficiaries are NY State residents can we file it ourselves or are we required to use a lawyer?
Lastly, we have... View More 
answered on Jan 2, 2019
I assume from your questions that there is a valid last will and testament and that your father did not have assets in California that necessitated its being probated. Whether the Will must be probated in NY depends on the nature of your father’s real estate ownership there. For example, if... View More
In 2001 I entered a relationship with a terminally ill individual that just purchased a home with a 30yr mortgage. I was listed as a Tenant In Common but not added to the mortgage. A will was prepared leaving me all assets. When he became ill I was made POA and when he passed in 2003 there was... View More
answered on Dec 25, 2018
Your question is confusing, but if you are administrator do what you want as the law requires. If there is a will, you can still probate it. The will appears to be the only way you get the house without paying off the family that appears to recognize your claim for paying all of these years.
Do I need to do an ancillary probate for New York?
answered on Dec 14, 2018
Many factors, such as whether the decedent had a will, go into determining the legal fees that may be incurred in association with transferring title to a home after the passing of the owner. Therefore, would probably be most helpful in your situation to consult with various attorneys of your... View More
While I am presently living in my deceased parents' home, a sibling wished to remove the piano owned by our parents. Can she legally remove it before estate is probated?
answered on Dec 10, 2018
No. She cannot enter. You can call police if she does.
My aunt died in 2016. She has one child but he refuses to return my calls. She left no will and to my understanding he is next in line. if he doesn't return my call, what do I do next. Does it goes to the next in line or we have to go to the probate court for all that. Please help!!!!
answered on Nov 26, 2018
If there is no will, your cousin inherits everything. You have no role here. What are you trying to do?
My 84 year old uncle is an heir to a will for the sum of $15,000. The deceased died May 2016, the will has been probated February 2018. The attorney stated he can’t pay after attorneys taxes are done April 2019. I smell a rat.
answered on Nov 23, 2018
While there may be a reason to wait, seven months after letters are issued, which is the time for claims, is the standard time to wait. To compel payment, you would need a petition in the court.
My aunt died 4years before my dad, my other aunt controlled the other 75%
My uncle passed away 2 years ago. He had no spouse or children and was living in assisted care at the time. The person that had been acting as his POA has now turned over to me all documents, forms and other papers she had in her possession. The bulk of them include bank statements, checkbook, bill... View More
answered on Oct 27, 2018
As next of kin, file a voluntary administration to collect the bank account. Check unclaimed funds to see if there is anything on deposit with New York State. There is no need to keep records of old assets, etc., but this estate needs to be cleaned up.
family member passed and house was lost 8 years later. i did not live in the house and was told on many occasions by person living in the home that the house was a loss but it took 8 years until member left house. now i get notice that there was money left in the estate. member "signed"... View More
answered on Oct 17, 2018
More details are required, including the actual contract. But it sounds like it is not binding.
She relinquished her rights to me as guardian of the minor children. It's been three years and the lawyer has gotten nowhere with this case. This house is in limbo and I'm paying the mortgage with no ability to make repairs or inquire into the state of the insurances,taxes or anything... View More
answered on Oct 7, 2018
Probate means there was a will. Children do not have to be left anything. How do you know that your children inherit something?
My brother died of a heart attack. At the time of death he was married to a woman who is his spouse and has final disposition to decide what happens to the body. I am number 6 in next-of-kin as sister. There will be no other claimants. However, she does not have any money and will not be ordering... View More
answered on Sep 25, 2018
You can do it. Just call the morgue. Do not reference the wife. Just say you are the sister and go from there.
Is this legal? I feel she may be liquidating everything she possibly can so as to not give any monies to us stepchildren even though we were in good standing with father. What are our options?
answered on Sep 25, 2018
If there is no will, the children are entitled to a share of their father's estate. Instead of asking of asking if the actions of your father's spouse are legal, you should consider moving forward with an administration of his estate in Surrogate's Court. This would allow for the... View More
I would also like to get personal belongings such as family pictures from his apt.
answered on Sep 23, 2018
His wife is next of kin. She controls all property. You need to ask her. You have no legal rights.
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