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Dad left me a letter that my Step Mom would sell the house and gift me with money from the sale. She even stated she would sell the house then get settled then split the proceeds between her son & I.
Last week I asked her to put something in writing legally. She then told me she... View More 
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answered on Nov 28, 2023
I'm sorry to hear about your situation. It's important to understand that estate and inheritance laws can be complex, and the specific facts of your case will significantly impact your legal options and rights. Here are some general points to consider, but I strongly recommend consulting... View More
Dad left me a letter that my Step Mom would sell the house and gift me with money from the sale. She even stated she would sell the house then get settled then split the proceeds between her son & I.
Last week I asked her to put something in writing legally. She then told me she... View More
answered on Dec 12, 2023
You should definitely speak with an estate probate attorney before it’s too late or you sign anything. That being said if she is making such an offer perhaps she will put it in writing but again attorney. The letter that your father has left we have no weight in court. It’s a major problem.... View More
With death information provided by this online site which also connects deceased family members with their other relatives, may I use this information in place of a death certificate? Thanks for your previous response.
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answered on Nov 28, 2023
No, information from Archive.com and FamilySearch.com typically would not be considered an acceptable substitute for a formal death certificate in New York probate proceedings.
While these websites may provide genealogy information and death dates that they have collected, this informal... View More
As niece of a New York resident who died intestate and in petitioning for section 1310 Voluntary Administrator, must the filing include death certificates of the deceased parents as well as certicates for the deceased siblings, where only my parents had children? The only asset/liability is a $14k... View More
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answered on Nov 26, 2023
In New York, when petitioning for Section 1310 Voluntary Administration, it is generally necessary to provide a death certificate for the deceased individual whose estate you are administering. This serves as official proof of death and is crucial for the legal process. However, the requirement to... View More
It was in the closing paperwork. My attorney told me to look it up online. He hasn't been any help. The paperwork never even stated how much I was supposed to get.
answered on Dec 15, 2024
Life insurance is not typvally distributed by a will. It has named beneficiaries. If you are not named as a beneficiary in the insurance policy, you are not receiving anything from it directly.
10 years ago my dad transferred his home to me and he became the life estate. He passed away later that year. So the deed is in my name but the mortgage remained in his name and I continued to pay the mortgage. I advised the mortgage company of my parents deaths. I had to sign paperwork so I would... View More
answered on Nov 19, 2024
You might be able to use a small estate affidavit to claim the funds. This process is simpler than full probate and could allow you to deposit the check.
Back in 2014 my dad became terminally ill. He transferred his home to me and he became the life estate. I am the successor on the mortgage. I’m listed as the owner on the deed. There is no will or estate. I been paying the mortgage since his death. I sold the house this September. There is an... View More
answered on Oct 23, 2024
This is not my area of law, but you await a response for almost a month - and I think the wording of your question could have led to confusion about exactly what was meant. If you're listed in a will or trust, you know you're getting something as a beneficiary. It doesn't sound like... View More
Background: House located in NYC/Kings County
Characters: Mother (deceased), father, self, brother, half-brother
Backstory: House purchased in 1974, In fathers name only. he is breadwinner, mother is homemaker. Mortgage paid off 1987. In 1988, father add mothers name to deed. in... View More
answered on Oct 13, 2024
The father likely inherits as the surviving spouse but the language in the deed will govern it.
My dads ex girlfriend forged his will I have a lawyer, she used the website Eforms, she said he signed it 2021, the website says the NYS will was updated in May of 2024 but the company will not tell me what they exactly updated. I was thinking maybe it used to be that the witnesses could sign it... View More
answered on Oct 1, 2024
There's no way of knowing. Are you planning to contest the Will?
Jack
I requested copy of will, letters testamentary and estate account and firm will not provide them
WE NEED A LAWYER TO GET INTO SAFTY DEPOSIT BOX TO SEE IF DEED TO PROPERTY IS THERE AND RETRIEVE MONEY AND JEWELRYAND SELL HOUSE-WE HAD THE WILL REGESTERED/CERTIFIED IN PR COURT-COVID CLOSED THE COURTS AND WE HAD TO LEAVE BEFORE AIRPORTS CLOSED-WE CAN NO LONGER TRAVEL WANT TO SELL THE HOUSE... View More
answered on Aug 30, 2024
Please email us the details and information at bonnielawstonesq@gmail.com.
631-425-7299
My brother was given the house and contents in my step dads will. I was given 22.5 of the remaining estate, my brother 55% my daughter gets 22.5%. My step dad passed away over 2 years ago and the estate has been depleted by legal fees, a hold up in home repairs, and the $19,000 commission on a... View More
answered on Aug 30, 2024
In NYS, the executor commissions is typically paid out of the estate. An objection to the amount can be made when the accuracy of the estate accounting is questionable. You can retain your own attorney as an interested party if needed.
There are 2 properties where as the original owners have passed away. There is a daughter produced by the deceased couple. The father left a will. i need to find out the status of the estate
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My stepbrother is to get 50 percent of the money, Here’s the issue:
My stepdad owed taxes on property that was sold in 2017. My attorney told me that since the house was bequeathed to me, that I am responsible for the taxes, unless the other executor agrees to help pay.
He said... View More
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answered on Apr 5, 2024
When someone leaves a Will, the Executor must follow the instructions contained within. Normally debts are paid from the estate before distributions are made. I am confused about your statement that the house was sold in 2017 and property taxes are still due.
My father passed away 2 years ago, and did not leave a willing. My two older siblings and I have been paying the mortgage in his name. We are worried that if we do, the bank will take away the house, because its not in our name. What are your suggestions on this matter, how should I proceed and... View More
answered on Jan 29, 2024
First, pay the mortgage if you want the house. The bank will take money from anywhere. Just pay. To transfer title, subject to seeing the current deed, you are going to have to form an estate for your father, get Surrogate Court letters, and then do a deed to the three of you.
My father passed away in March of 2023 with $200k in the bank, his name only, no will. My mother passed away 5 months later with no money but several debts. I am currently administering my father's estate, but one of my mother's creditors insists that I am legally required to administer... View More
answered on Jan 16, 2024
If a decedent predeceased his spouse without a will, the spouse was a beneficiary of the decedent's estate and the spouse's share of any inheritance must pass through to that spouse.
My Dad passed away in 2021. When my Dad got sick, my stepmom completely cut communication as my Dad was completely reliant on her. I reached out to attempt to keep the communication going but she blocked me on phones, Facebook, and email as far as I can tell. I found out on Facebook my Dad died.... View More
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answered on Jan 13, 2024
If the photos were not specifically left to you by your father in a Will or Trust, the surviving spouse will have primary rights to household effects like family photos.
In the Will he states he had only 3 children and no other. He lived in Puerto Rico. I am in New York. My birth certificate has him listed as my father.
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answered on Jan 3, 2024
It sounds like the Probate is in PR. if so, then you will have to hire a PR attorney to contest the will in the Court it is filed for Probate. Look here on Justia.
I signed a retainer agreement to settle my father's estate. The estate consisted of a house and a small life insurance policy that was turned over to Nys unclaimed fund. The retainer agreement stated that it included assistance in asset collection and transfer of real property. The day that... View More
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answered on Nov 4, 2023
If you believe your attorney is charging you twice for the same service, it is important to address this concern directly. Review the initial retainer agreement closely to understand the scope of services included, particularly regarding asset collection and real estate transactions. If the... View More
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