Get free answers to your Probate legal questions from lawyers in your area.
When my grandparents passed away 8 years ago the only assets they had were the aforementioned bonds, which I could not locate. As a result, I never followed up in Probate court because there were no other assets. I recently discovered that my grandfather hid the bonds in a picture frame, so... View More 
answered on Jul 4, 2018
For this amount of money, you can do a voluntary estate. Ask the clerk. It is meant to be done without a lawyer.
The accounting is waiting in court backlog for the judge to sign so that the siblings can get their shares
answered on Jun 22, 2018
It depends on the posture of the case. If there are no objections to the accounting, then payment should be made.
the daughters are not named in the will, but are the only survivors.
answered on Jun 16, 2018
The will still governs. If all beneficiaries are dead, then failed bequests pass by intestacy, which would mean the daughters.
My uncle has an will, lawyer and executor. The executor is also a client of this same lawyer. Meeting with lawyer he made no condolences but made a point that the executor(no blood relateship) lost alot because my uncle gave some property to a friend instead of her. My sisters and I (only blood... View More
answered on Jun 10, 2018
It is not a conflict. The lawyer represents the estate, i.e. the executor. Get your own lawyer if you do not like what is happening.
Unprobated Last Will of father. 2-children sole beneficiaries/Heirs at Law and co-executors as named in Will. Property is of 4-lots, with 2-lots titled and deeded under father's personal name and 2-lots titled and deeded under his corporation entity. I have no info on the corporation other... View More
answered on Jun 10, 2018
Although NYS Supreme Court has jurisdiction in partition actions, your description strongly suggests it will first be necessary to bring a proceeding in Surrogate's Court.
I was named successor-executor in my grandma's will. She lived and passed away in NYS. My father and I both live in NYS. My father is the executor. I am being asked by my father's lawyer to sign a waiver of consent to probate. When I asked another attorney for advice I was told this is... View More
answered on May 26, 2018
It is necessary. If you do not sign, you will be cited for a court hearing, at which point you object or the will is probated anyway.
In 2001 my brother, who had recently divorced, gave me a copy of his Will in which he appointed me Executor. In 2002, brother remarries and remains married up until his death in 2016. A will dated June 2016 was filed into probate by his 3rd wife, and I received a copy of it. Last week in... View More
answered on May 17, 2018
If it was in a will, it should be no problem. If it is a pay on death account, you will need to document this issue with a birth certificate.
I laid out almost $4,000.00 for the urn and cremation fees for a friend of mine who died in June 2016. The estate was settled in September 2017. I have called at least 5 times (once a month since January?) to find out if there is an issue, whatever. I have been told by a very friendly secretary:... View More
answered on May 17, 2018
Make sure you saved your written inquiries. You are supposed to send the Executor a formal Notice of Claim within 7 months of appointment. What you did might qualify. You can make a motion to be paid.
My mom won a $15,000 settlement before she died but it was not paid to her. I am working with the firm that represented her to have the settlement paid to her estate and they are requesting legal fees plus 33 and1/3 of the settlement. Do I have to pay the 33 and 1/3 portion?
answered on May 12, 2018
The estate succeeds to the contract your mother signed. Whatever the fee agreement was is the fee agreement.
Inherited/unprobated property which consists of 4-lots. A Will exists. 2-lots are titled under name of decedent. 2-other lots are titled under the decedent's corporation. Lots cannot be separated/divided. In NY does a beneficiary have the right to partition such a property in a Supreme... View More
answered on May 9, 2018
Partition is the remedy. "Restrict" is not the right word. It makes it more complicated, but it is still the only remedy at law.
answered on May 4, 2018
If there is a conflict yes. But the named executor should probate the will. If no will, you should apply to be administrator. It will give you leverage.
My parents brought a house many years ago. Before my father passed away, he created a will that stated that upon his death he my sister and I were to inherit the house. He eventually died and now my mother and I live in the house together. My sister moved to another state over 40 years ago and has... View More
answered on May 3, 2018
If your mother has a will, the will governs. If she wants you to have the house, have her make a new will.
She has not seen her relatives in decades. Since her two children passed away, I helped her with whatever she needed for a number of years. Is my only option hiring a genealogist? I have spend a couple of days on a genealogy website. I have found the name of a first cousin once removed. My... View More
answered on Apr 15, 2018
Have you probated the will. The public administrator will be cited and require a genealogist at estate expense. Thus, you cannot avoid this step.
My grandfather passed away in 2011. In his will he left 1/3 of his house to be split between my 2 brothers and myself. My aunt (who received 1/3 of the house as well) right away moved her daughter into the house. We have not been paid anything and to my knowledge no rent is being paid. My aunt... View More
answered on Apr 14, 2018
Is there an open estate case? You can bring a petition to force a sale to pay your share.
answered on Apr 14, 2018
You will need to file an emergency petition in Surrogate's court to get the right to close as his administrator.
answered on Apr 14, 2018
You need a lawyer in Puerto Rico to transfer property there.
The Trustee owes Dad about $75,000. Dad has now died. Is the money owed to the estate? The estate lawyer does not seem interested in pursuing and as Administrator, I want to know right way to handle.
answered on Apr 14, 2018
The post is unclear, but if you are administrator then pursue the claim. If your lawyer is not working for you, get a new one.
My grandmother died without a will & I was incarcerated. There was an order that states no payment be made to me for a period of 30 days following such order. My mother passed so I am the heir. Does that disqualify me from receiving my portion?
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