Get free answers to your Probate legal questions from lawyers in your area.
My step father passed away Dec. 11, 2017, and there wasn't anyone on his banking accounts, I was told I needed to apply as administrator to close out accounts, but I can't as I am a step child. My uncle is his closest living relative we can't find his biological daughter. If my... View More 
answered on Jan 13, 2018
It is easier if your uncle is administrator and collects the account. The amount will govern the process.
My father died 2 years ago in Connecticut and was a Connecticut resident. His home was foreclosed on in Connecticut . Due to the foreclosure all valuables which were located in CT at the time of death had to be moved out of the home and was moved to to a bank vault in another state (NY). The I, the... View More
answered on Jan 13, 2018
The situation makes no sense. Do you have access to the vault? If so just sell the stuff. If not, you need a CT probate for access.
My brother committed suicide and left a note to have funds used for funeral arrangements. My niece and daughter are named beneficiaries for 401k and,life insurance. I am wondering can the note and parents become administrators be given funds. Either way I will be making sure they receive the money... View More
answered on Jan 12, 2018
The beneficiary designations govern as they are filed with the account.
my mother was murdered 12yrs ago ,, my sister has been charged with it yet he my step father is saying everything is his and i know thats a lie plus he wont even let me see my mothers will
answered on Jan 12, 2018
You cannot get a copy unless it is filed. There is a petition you can file in court to compel him to file it, but unless you have a copy or something that makes clear it exists, he can deny it and you will lose.
answered on Jan 11, 2018
Title everything with designated beneficiaries. Create a trust. Many options. Depends on assets -- kind and amount.
the will. The will is in settlement stage..how and when will i get my portion and where will the money come from?? If my sister wanted to keep the the house would she have to buy me and the other heirs out??
answered on Jan 11, 2018
These are never the best estate plans. Unless there is some other settlement, you will be on a deed for 20% of the house. You will get no money, and no means to get any, unless you sue. If your sister is living there, she will continue to do so.
My sister Karen was left everything in her significant others will when he passed on 11/27/17. Her significant other chose to leave his son out of the will. My sister passed on 12/27/17. We still don't know hos she died. She was only 54. She has 2 children. Who should be able to be her heirs?... View More
answered on Dec 29, 2017
This is a complex issue as the deaths were close. Karen's kids are her heirs by law. They should fight for the estate. It is their legacy.
My deceased husband's death certificate..states that he had no surviving spouse..this is what I was told when I attempted to obtain one...we were never divorced..and apparently my marriage certificate is not proof enough to put my name on the death certificate..I spoke to the supreme Court in... View More
answered on Dec 27, 2017
This is not complicated. There is a proceeding with vital records.
answered on Dec 25, 2017
Without consent of WHO? Without consent of the person making the will? No.
Without consent of the beneficiary, (the person receiving something under the will) Of course. You don't need to 'consent' to receive a bequest in a will, and the testator can change that at any time... View More
Settlement state...how and when do i get my portion of the estate?? Where will the money come from?? If my sister decide to keep the property will she have to buy me out??
answered on Dec 21, 2017
To answer these questions, which are good questions, a lawyer would have to review the file.
Mother resided in Broom County, NY. I was listed as executor in my mother's will in event my brother could not. I have made application to transfer executor from my brother to me. The Surrogate Clerk Office say they need a Certificate of Appointment from my brother's widow before executor... View More
answered on Dec 21, 2017
No. Unfortunately, there is no other way. If the funds are too little to do the Certificate process, you can just forget it.
If we are to get tax refund checks, could we ask for those to be sent in our names so that way we can just close out the estate account now and file the release, as we would like to avoid renewing the bond in April. Also, we estimated what we thought was in the bank account for the court when we... View More
answered on Dec 21, 2017
Some of your questions are more complicated than others. Speak to a lawyer.
I live in Pennsylvania. Do I need to go to a probate court in NYC ?
Her estate is in probate . We were told that we Have to have a address for our brother. We do not know where he is !we don't know If he dead or alive .We do not have the means to find him.everything that our parents had is frozen !we haven't heard from him at least 48 years.Our parents... View More
answered on Dec 16, 2017
Unfortunately the probate rules are very strict on “service of process”. If you are doing probate by yourself without a lawyer go down to Probate Department’s clerk and ask him about Alternative Service Order.
I suggest you get consultation with Estate Attorney on entire process so... View More
answered on Dec 14, 2017
Any will has to go through Probate.
Unfortunately it’s the only way to handle it.
Sincerely,
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Ave, Suite 400
Brooklyn, NY 11235
tel: 718-333-2394
fax: 718-701-8859
www.BrooklynTrustandWill.com
He had trouble remembering as he was 93, had signs of dementia.
answered on Dec 5, 2017
The answer is it depends. Was he diagnosed with dimentia? Is anyone challenging the will? I think you need to have a consultation with estate attorney before filing this will in probate.
Sincerely,
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.... View More
My sister will be in rehab with no contact what do I do?
answered on Dec 4, 2017
The freezing sounds right. The idea that you both need to come is not right unless you are pay on death beneficiaries.
Should be hired a probate or real state lawyer we want to transfer the title of the house and we also need to named an executor because he has a debt on cc
answered on Nov 30, 2017
If you and your brother are the only heirs, definitely DO NOT do an estate proceeding if there is no other asset than the house. Do not pay the credit card. If you both consent as to what should happen, you can do a deed transfer as heirs at law without any estate proceeding. Just keep paying... View More
No will. My brother wants to be executor which is fine, but he wants no bond. Can I ask the court for a written account of the assets. I believe he wants to stay living in my mother's house which has been renting the bottom apartment. Is the money from the bottom rental part of the estate.
answered on Nov 29, 2017
A few issues. The bond protects against stealing, but not incompetence. If you like your brother, a bond waiver is OK. Rent is part of the estate. An accounting comes later. You have to petition for it, but you can get it.
My mother has an old will which was made when I was 14 , all the people mentioned in will are deceased except me. My only sibling passed away. I’m the only surviving heir. Do I have to go to probate or just submit will to court. Are my deceased sisters adult children entitled to her share if... View More
answered on Nov 24, 2017
Submitting a will to court is what it means to probate the will. Maybe before doing so you should have aconsultation with an attorney- maybe it makes more sense to do an administration proceeding instead.
Feel free to call me. Will discuss.
Sincerely,
Inna Fershteyn... View More
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