This paragraph appears in my last will and testament:
I direct that all estate, succession, inheritance, transfer, legacy, or other death taxes imposed by the laws of the United States or any state thereof upon any property constituting a part of my gross taxable estate or upon any... Read more »
There are three insurance policies, dated 1947, that my maternal grandmother had in which her husband was the beneficiary. In the event of his decease, the benefit would go to her eldest son. That son is also deceased, as are all the other children of my grandmother. However, the wife of that uncle... Read more »
Honestly, this is not a simple estate. There is a pro se clerk you can talk to in the Surrogate's Court, but in my view you should have a lawyer. Your questions are so broad and so general, it would be like teaching a course in probate. See the clerk. If you still cannot understand what to do,...Read more »
My grandmother had 2 children, my mother and my aunt. My mother died ten years ago and my grandmother died recently leaving behind no will. Does my aunt automatically inherit everything or do my sister and I have rights to my mother's share?
Your mother's children have the rights your mother would have had, according to NY EPTL 4-1.1(a)(3), as long as your grandmother had no surviving spouse. Your aunt does not automatically inherit everything.
My sister who resides in Puerto Rico has assumed complete control over the home. She refuses to provide specific information and her attorney will not share information. I am one of three sisters (heirs) who reside in New York City and of us all want to sell the home. what can be done?
I assume from your questions that there is a valid last will and testament and that your father did not have assets in California that necessitated its being probated. Whether the Will must be probated in NY depends on the nature of your father’s real estate ownership there. For example, if...Read more »
In 2001 I entered a relationship with a terminally ill individual that just purchased a home with a 30yr mortgage. I was listed as a Tenant In Common but not added to the mortgage. A will was prepared leaving me all assets. When he became ill I was made POA and when he passed in 2003 there was... Read more »
Your question is confusing, but if you are administrator do what you want as the law requires. If there is a will, you can still probate it. The will appears to be the only way you get the house without paying off the family that appears to recognize your claim for paying all of these years.
Many factors, such as whether the decedent had a will, go into determining the legal fees that may be incurred in association with transferring title to a home after the passing of the owner. Therefore, would probably be most helpful in your situation to consult with various attorneys of your...Read more »
My aunt died in 2016. She has one child but he refuses to return my calls. She left no will and to my understanding he is next in line. if he doesn't return my call, what do I do next. Does it goes to the next in line or we have to go to the probate court for all that. Please help!!!!
My 84 year old uncle is an heir to a will for the sum of $15,000. The deceased died May 2016, the will has been probated February 2018. The attorney stated he can’t pay after attorneys taxes are done April 2019. I smell a rat.
My uncle passed away 2 years ago. He had no spouse or children and was living in assisted care at the time. The person that had been acting as his POA has now turned over to me all documents, forms and other papers she had in her possession. The bulk of them include bank statements, checkbook, bill... Read more »
As next of kin, file a voluntary administration to collect the bank account. Check unclaimed funds to see if there is anything on deposit with New York State. There is no need to keep records of old assets, etc., but this estate needs to be cleaned up.
family member passed and house was lost 8 years later. i did not live in the house and was told on many occasions by person living in the home that the house was a loss but it took 8 years until member left house. now i get notice that there was money left in the estate. member "signed" a contract... Read more »
She relinquished her rights to me as guardian of the minor children. It's been three years and the lawyer has gotten nowhere with this case. This house is in limbo and I'm paying the mortgage with no ability to make repairs or inquire into the state of the insurances,taxes or anything else. This... Read more »
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.