Get free answers to your Probate legal questions from lawyers in your area.
Sister appointed Executor in Nassau County in August 2017. Deceased mother had a will. I have a pic of it. I am an heir due to inherit 1/10th of Mother’s $700,000 house. Executor sister has not done anything to move forward on house, stocks, bank accounts. Said she can continue living in house... View More 
answered on Apr 14, 2018
You need to bring a petition to compel a distribution. See if the clerk will help. If not, and there is enough money involved, you are going to have to get an attorney.
Sibling and another that when she dies she would like the house to be kept for all her children jointly but it it has to be sold the net proceeds is to be shared among us. Is my mother’s wish legally enforceable?
answered on Apr 14, 2018
Not at all. The pre-death deed governs, unless you have a basis to invalidate it.
I have two siblings that live out of state. The Trustees' daughter (my niece) has been harassing me to move so she can renovate. I can't afford to move without receiving compensation which should be at a minimum 1/3 of the current value plus expenses.
answered on Apr 7, 2018
If it is a trust situation, the terms of the trust govern.
Small estate. House $700K. Life insurance and stocks. Will gives me 1/10 of house, 1/5 of stocks, 1/5 life ins, 1/5 checking account. Exec plans on waiting to probate for 10-20 years so younger brother can live in house and not have to buy us out.
(1) how will I know if she began probate... View More
answered on Apr 7, 2018
Your questions are unclear. If the will is probated then you can petition to compel a distribution with the Surrogate. If the will is not probated, how do you know it exists? Then, you should bring an administration proceeding. That will give you a bigger share or force your sister to probate... View More
She refinanced the mortgage in just her name. Can she return house to the bank via deed in lieu? Or must they foreclose.
answered on Apr 5, 2018
Whatever the bank agrees. Deed in lieu or short sale or foreclosure.
Hi, my mother died recently leaving most of her savings in Chase bank, in the States. She died in Poland where me and my sister are currently living and left a will (I believe not officially certified) which was drafted in the US in English. I am 19 and my sister is 32, she however has a full time... View More
answered on Apr 5, 2018
You need to probate the will in Poland. Once you get letters there, you bring those documents to New York, and hire a lawyer here to get the money.
Pardon me. The form often gets called by different names in different publications and I used the wrong title. The title on the form is anAFFIDAVIT IN SUPPORT OF
WITHDRAWAL OF FUNDS
Deceased. PURSUANT TO SCPA §1310 (2)
BY A SURVIVING SPOUSE. Can they refuse to accept this form.
answered on Apr 4, 2018
The bank is right and you are confused. The small estate affidavit gets filed with the surrogates court to get what are called voluntary letters. It costs $1. The clerk will help you. You take those letters (which are a court order) to the bank.
My main purpose for switching from a will to a living trust is solely to make sure a RE property I own goes to who I want simply, privately, and to avoid probate for various reasons.
If all of the living trust paperwork is signed as well as the deed transfer to the trust, is signed;... View More
answered on Mar 30, 2018
Yes, it’s valid upon signing even if it’s not recorded yet. Call my office 718-333-2394
Her daughter renunciated her interests however my step mother put my fathers home into her name then transferred it to her daughters name. Can i fight this? As she will not give me anything and im listed as the only beneficiary.
I am named executor of my deceased parent's estate, however, I have not submitted for probate due to an insolvent estate. There is an underwater house with mortgage that has since gone into default. Loan was sold by Beneficial to a trust via Select Portfolio Services who is the servicer of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2018
Your situation is too complex for this forum and requires an in person consultation and a review of all documents. This may require more than one type of attorney.
I am administrator to my mother's estate. My 2 brothers signed waivers and consent forms. I am trying to sell my mother's house. One brother has a fine and a judgement that needs to be satisfied for title company to give title. The brother will not cooperate. What can I do?
answered on Mar 22, 2018
Sell the house and only give him his share when the lien is paid at closing and he signs a receipt for the balance. You must have a lawyer for this. He/she should know. Also, if I were you, I might escrow the lien with the title company and give your brother "x" days to resolve it.
The only proof I have of the changes he wanted made in his final weeks were people he spoke to about it before making his decision. His sister, the neighbors, and my father all knew about it and we're told explicitly by him. Is that enough evidence to have the will changed?
The house was left to me and my siblings are fighting me in court over it and i might have to sell it to settle. Can a lawyer ask the judge to make me pay him right away after the house is sold or can i just make a payment arrangement.
In completing the probate form do I have to list my siblings, they are not listed in the will to receive anything.
answered on Mar 13, 2018
Yes. They are next of kin, and entitled to object to the will on the basis they should inherit an intestate estate.
My friends mom died recently.. It is unknown if a will was filed although her mom said she had one... Her stepfather is a real piece of work, mentally and emotionally abused her (the friend) for all the time she knew him. In the first 3 days of her mothers death, her stepfather has boxed up all of... View More
answered on Mar 13, 2018
Unless belongings are titled (like a car), there is no way to prove who owns them in a joint house, so the stepfather will win. A spouse gets the first $50,000 of value in any estate. Nothing you stated adds up to more. Your friend can bring a proceeding to compel production of a will, but... View More
answered on Mar 9, 2018
No. Then you need to file a petition to compel production of the will.
Would I still file this if the executor has the original will and didn’t file the will?
answered on Mar 8, 2018
Make a Surrogate's Court petition to compel a distribution.
She moved out to pa.about 2 years ago..she passed away first week of dec..that just passed..need to find out if she left myself and my kids anything in her will.and life insurance
answered on Mar 7, 2018
Unless the will was filed with the court, you do not get to know. If you are in the will, you will be notified by the executor. If you know who that person is, you can call them.
My husbands step mother is now filing for a law suit on wrongful death, which my husband was never made aware of. Her attorney is now saying that the money from the car will be used to pay estate and lawsuit bills. Is this wrong, because it feels fishy. My husband and I live in NY and my... View More
answered on Mar 5, 2018
While this is governed by SC law, if the only asset is a car, I am sure in SC, like NY, the spouse gets it.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
