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Mother died five years ago. One issue lives in property and pays taxes. Other issues agree to transfer of property. Can it be done with Quitclaim Deed without going through probate. Property is only worth between 24 to 34 thousand. Allegany County NY
answered on Sep 20, 2018
A quitclaim deed is not the way to go, but if all issue sign a proper deed, you can do it without probate or administration.
My mother died 26 years ago. No formal claim was ever filed against her estate. She has a will somewhere but it was never probated. I'd like to know if there is a claim sitting out there against her estate.
My mother owned 1/2 of a private mortgage. Initially medicaid said they would... View More 
answered on Sep 19, 2018
Generally, Medicaid only makes a claim if there are assets. As no estate was ever formed, Medicaid would assume no recovery. There is no statute of limitations on the claim, if you form an estate for some reason. If there were never any assets, forget it.
I am located in New York. I own my own home but have moved into a house, purchased by my father's trust, to care for him in his finals years. I have been there for 6 months and hold down a full time job and see no immediate change in his living circumstances. Maintaining 2 properties is... View More
answered on Sep 19, 2018
It depends on your father's will, if any, and who gets the house after he is passed. You will have time to move, as you would have to be evicted like any holdover tenant in court, in the worst case scenario.
Plaintiff died. Only letter of testamentary presented by Plaintiff Fiduciary. No other document presented to the Court. Judge verbally approved the substitution of Plaintiff, however, no recaptioning of case occurred. Should this have been done, and should the recaptioning note the name of the... View More
answered on Sep 5, 2018
A motion should be filed re-captioning the case. However, it is not required to maintain the case, as long as the court is OK. The matter can move forward. Eventually, the title company of the buyer will require proof of authority to convey, proper tax payments, etc., as a matter of title, but... View More
My fiance was seperated for 12 years. His estranged wife filed for divorce early 2017. In Mid 2017 the Judge stated that the Life Insurance Policy had to be switched to her name instead of mine. He passed away 2018. After his passing the divorce was abated due to his death. she is stating there was... View More
answered on Aug 25, 2018
Yes. You will need a document called an Affidavit of Delay.
In the will, it states "I direct this trust shall be administered pursuant to Article 7 of the New York State Estate Power and Trust Law and any future amendments thereto." Is there anything in Article 7 of the EPTL stating that in order to resign as a trustee I must open the trust in my... View More
answered on Aug 17, 2018
You do not have to do anything. The petitioner seeking probate of the will has the obligation to establish the trust. If you refuse to act, the petitioner can seek someone else. You can move the process along by signing a one page waiver form that the petitioners lawyer will prepare.
has been personally served. every time this happens my money from estate keeps getting smaller, I have not even been kept up with all events that are happening even tho im the beneficiary, how can I get them to close this?
answered on Aug 15, 2018
I understand your frustration. Unfortunately, there is no way to answer your question without knowing much more about the situation. If you have an attorney representing you in this matter, you may want to schedule an appointment to discuss the situation and get a better understanding of the... View More
... to pay off creditors ( nursing home, one credit card and medicare). My sister has been living in the house for a few years now. Also left us 2 cars, one not running and a small piece of property. Need help asap. Yes this is in Fl.
answered on Aug 13, 2018
Yes, medical expenses can sometimes lead to Estate Recovery that may result in the need to sell a property. If your father was residing in Florida at the time of his passing, questions regarding his Estate should first be directed to a lawyer practicing in Florida.
answered on Aug 10, 2018
If the will says nothing more, then yes, but peaceably.
Going to Surrogate Court
Court calls me to tell me I
Need more address then I gave for myself
For cps records.
I gave 26 years .1992 to 1995, 1995 -2018
They want the address when I was a kid
At one point I was taken out of state for a year .i... View More
answered on Aug 9, 2018
I am not sure what you are doing but just deal with the insurance company. The insurance company should issue the money. Leaving to a minor is never a good idea, but there is nothing you can do now. Why is CPS involved?
answered on Aug 5, 2018
If you do not obtain waivers and consents, you must send notices to all next of kin who are at the the equivalent level of kinship (“consanguinity”) as the level the law requires you to reach. In NY state, if the deceased dies without spouse or children, then look to parwnts of the subject,... View More
answered on Aug 5, 2018
Nothing. If you do nothing. Call an FL lawyer and see if there is anything to which you are entitled.
answered on Aug 4, 2018
If there is a husband, half. If there is no husband, all of it.
My cousin built a house on my grandmother’s land approx. 8 yrs ago in Puerto Rico. The land had no deed nor title. Now, my mother inherited the land that my cousin has his house on. My cousin does not want to move his house. He says we have to take him to court to get him to move his house.... View More
answered on Aug 3, 2018
The laws relating to real property matters differs between jurisdictions. Therefore, your question is better directed to attorneys admitted to practice in Puerto Rico.
I just received copies of letters of administration and file docs from the High Court in Tobago, the country where my mother died. She has a sizeable pension fund in the NY Teacher's Retirement Fund from when she lived and taught in NY (as a U.S. citizen) before she retired to Tobago (dual... View More
answered on Aug 3, 2018
You can legally do this yourself, but if you find you cannot, hire a lawyer. The forms are in the court, and the clerk will help you to an extent. You will need a certified copy of the entire Tobago file, not just the letters, and the letters must be the original.
In a New York Surrogate's Court Section 1404 Deposition, Are Questions OTHER THAN The Facts And Circumstances That Surround The Drafting And The Execution Of The Will Allowed?
answered on Jul 6, 2018
Anyone with the original will can probate it. Probate is opening a case in Surrogate's Court in the county of the decedent's residence at death.
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