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Closed the Estate 9 months after his death The Estate is now being sued as am I for damages to a tenant that was a resident of one of his rental properties in 1999 and 2000 for exposure to lead paint. Will the Estate need to be reopened ? Will me and other heirs (my 2 sisters) be liable for the... View More 
answered on Mar 3, 2018
The statute of limitations should have expired on this claim. Refer it to the insurance company you had on the building at the time. Also, you are correct, the time to file a claim against the estate has expired. Insurance should cover the defense and defense costs of this claim.
Parents are both gone and have 14 acres with a house. There are 5 adult children that are entitled to a portion. One of the children bought 16 acres of the original 32 that was with the house. I want to claim the land I am entitled to but am not sure where to start.
answered on Feb 24, 2018
You need to form an estate for your parents with you as administrator, and then you can sell the land.
say over the years that gift became worth something can the person say I bought that its mine and take it back
Bank says i need to hire estate attorney to buy his house. Is this necessary since im only living relative?
answered on Feb 19, 2018
Not Buy Back but you have to file for administration and be appointed as Administrator and later distribute the house to yourself.
If you are confused feel free to call
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Ave, Suite 400... View More
Aunt has no surviving spouse, children, or siblings - just grandson and nephew/niece. If grandson is to inherit but we cannot locate him, what happens? (New York) And who files for administration with court if grandson is not around?
answered on Feb 15, 2018
Anyone can file, but you are going to have to search for the grandson and if needed, hire a search firm.
Puerto Rico issue has arisen in dealing with Mom's estate so we've been advised that easiest solution is to probate Dad's will. Thank you.
answered on Feb 14, 2018
Yes. There is a form to file to explain the delay. Also, who is the executor? If dead, there is another form to file so you can be executor.
The family members buy everything from the estate
answered on Feb 11, 2018
You are seriously confused about the process. You need to get consultation with probate attorney.
This is not how the process works and it’s impossible to answer it in several lines.
Sincerely,
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.... View More
Does that checking account have to be in NY? Or is the law silent on the matter of location?
answered on Feb 10, 2018
It must be in New York, but if it is a bank with branches where you are and in NY, it should be easy to get a NY address on the statements, but administer it out of state.
He was sent a check in hos name for $1800 how would she go about cashing it. He stayed in Ny and we are in Nc
answered on Feb 5, 2018
You need to get a tax ID for the estate and open an estate bank account and deposit the check.
Who would be able to collect the policy from his estate, the first wife - who he was wed to for over 10 years - or the second wife? Also how can I verify if a divorce from first wife took place?
With No Will, my husband has unexpectedly passed in DE. My husband & I live in NY & own a home in Delaware, my name is not on the mortgage & the mortgage company will not converse with me to see if there is a protection or insurance plan with the mortgage company (something of the sort... View More
answered on Feb 1, 2018
It is easier to do it wherever the death certificate says was his residence. You did not state this fact.
is valued at approx 5.6 mil. It "falls off the NYS Estate tax cliff" resulting in a NYS estate tax of approx $480K. Since the feds permit a deduction for the state taxes paid, the federal taxable estate comes under the federal threshold of 5.49 (2017). Is there any suggestion,... View More
answered on Jan 31, 2018
Yes, but an internet site is not the way to evaluate a large estate and the tax consequences. Spend a little and have a qualified lawyer or accountant help you.
taxes are to be paid from residuary estate, can all interested parties (Executors and Beneficiaries) agree to pay the estate taxes using non-probate assets? Does NYS care?
answered on Jan 31, 2018
NYS does not care. However, if anyone is adversely impacted by doing it this way, get a release.
My name is on 3 different accounts of my mother’s. The bank said they are mine. The executor of the will says they go to the estate.
answered on Jan 25, 2018
They are yours. Take them before the executor challenges the joint tenancy.
I'm in NYS. I do own a vacation home as well, no mortgage on either.
My brother, the executor of my Mom’s estate, says that all bank accounts are to be added together, then divided equally. The bank said I have 3 accounts in my name and they are mine. What is the truth here?
answered on Jan 22, 2018
Anything that's in your name belongs to you. Not part of the estate.
https://brooklyntrustandwill.com/elder-law/
Mom lived in Suffolk County, NY. I live in So. Florida. I want to be the administrator (my brother agrees). Will has not been submitted for probate yet. I'm going to NY feb 1. Estate has about $40,000 in bank acct and bill due to nursing home for about $20,000. I'm concerned about how... View More
answered on Jan 18, 2018
Check the balance. You are near the line for a voluntary administration, which requires nothing but the bank account information and a death certificate. Too much time has not passed.
He had one lawyer to start with then the lawyer got fed up with him and dropped him? then he was able to use his portion of his inheritance to purchase my fathers house at closing my mother received her 50 percent and both of us were suppose to get ours. He was able to use his part of the... View More
answered on Jan 18, 2018
3 years for probate even in Kings county doesn’t sound right.
You should have someone review the court file.
718-333-2394
https://brooklyntrustandwill.com/elder-law/
they are not cooperating with me. How do I get this information, since I am responsible as Co-executor. They refuse to co-operate with me. They act as if they own everything and don't have to report to anyone. How do I get control of this situation, this has been going on a while.
answered on Jan 16, 2018
The problem is more yours than theirs. If you are the executor, why did you not convey them the property? Why are you not getting tax and insurance bills? How could you account if you are not? You get control by exercising the power and responsibilities you have, which for whatever reason you... View More
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