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My mother is the executor. She has been handling the probate process with a lawyer from Upstate NY. In the meantime, bills have been accruing since May. The mortgage was in good standing when my aunt died. Since I will get 1/3 the house value am I in danger of losing my part of inheritance if... View More 
answered on Nov 13, 2017
Yes, the mortgage must be paid. However, you have two issues. One, I do not know if you have a lawyer, but letters should be issued by now. You can get preliminary letters if you need to sell the house more ASAP. After all, Winter is coming and someone must take care of it. Two, you can reach... View More
Does my brother have a legal right to kick me out of house, even though I am the other beneficiary to my mom's estate? She had no will, so I learned that everything is supposed to be split equally between my brother and I. We are the only 2 heirs from my mom.
I also went to have it turned over in my name since my mom didn't have a will do you know how long it takes for the probate to send me that paper so that I can just cash out that insurance
answered on Oct 27, 2017
Your question is unclear. Are you the beneficiary of a policy on her, or is she the beneficiary of a policy on you? Also, no one sends you anything. You have to move forward and do something. I would need to see what you found.
He did not have a will and my brother is trying to take over
answered on Oct 22, 2017
You should really call estate attorney as soon as possible as you are in for a fight. It's called contested estate and I am in the middle of one right now and it's not pretty.
Sincerely,
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.
1517... View More
We think Aunt is hiding something that's why money has been with accountant for so long. Although she has access to some ( gave brother and I both check for 13000 each when mom passed and said more to come but 3 years later and nothing) speak to accountant frequently who is holding assets.... View More
answered on Oct 13, 2017
Where is the will, and how do you know it exists or what it says? You and your siblings, if any, get your mom's share. You need to petition the Surrogate, but the form depends upon the current status.
For an estate in NY, Ancillary probate (in Maine) had to be done in 2017 to take care of a small piece of jointly owned property. Should the executor/attorney have reserved funds for this? He didn't have it taken care of in 2012. He is also a beneficiary. He is asking the other beneficiaries... View More
answered on Oct 5, 2017
Funds should have been reserved. The beneficiary of this property can ultimately be required to pay. But it would take a proceeding.
New York State, Suffolk County: Is it too late (in 2017) for a beneficiary (or a co-executor) to file a complaint with the court about the commission charged by the executor for an estate that was settled in 2012? The executor paid himself $30k as the attorney for the estate, plus a full commission... View More
answered on Oct 5, 2017
When you say "settled" if there was a final accounting approved by the court, you are too late. If there was none, and the fiduciary was not discharged by an order, then it is still "open" and you can bring such a claim. Your view of the law is correct.
Late cousin died no will. Father did not leave him anything family had a falling out over 30 years ago bc son stole money from him. Reappeared after the cousin died. He had a coop with little equity and left bank account years ago to my grandmother. Not sure if the son can contest this. Is this... View More
answered on Oct 2, 2017
I am not sure what proceeding was filed, but if there is a court date she should have a lawyer.
My husband had a will drawn up in Florida (where we have lived since 2007) in 2012 leaving everything to me. He passed away last year. Now my stepsons are saying he had a will drawn up in New York in 2015 leaving everything to them. Is this possible? Does the 2015 New York will void the 2012... View More
answered on Oct 1, 2017
You can always void an earlier will by creating a new will and revoking the previous will. You may have rights as surviving spouse depending on his residence at time of death. Contact a lawyer where he died or where his residence was at time of death to discuss.
answered on Sep 21, 2017
You MAY potentially need to do both if she LIVED in NY at the time of her passing. If she was simply visiting when she died, the probate will be necessary in the state she resided, and there MAY be a need to open an ancillary probate in the state where property is located if that state won't... View More
My sister- in law has lived with their step dad for many years now. She has her name on his bank account. ( Joint account) Does she still have access to this now that he has passed away?
answered on Sep 18, 2017
If it is a joint account, she has more than access. Unless ordered otherwise, she has the money.
I had bad credit but just cleaned it up but score is still low. Mom died 7 yrs ago owing 68,000 on home equity line of credit, house is in sisters name and mom was the only one on the loan. Bank just found out she died and the estate has been closed cause house was not part of it. I live in the... View More
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answered on Sep 18, 2017
This is very confusing if everything is current why would there be a need to foreclose? Generally, a home loan can be foreclosed on which would lead to an auction and the proceeds would go to pay the loan / all subordinate lien-holders (if any). The time to collect on the debt is 6 years in NY,... View More
Mom passed away yesterday in nursing home after 4 and a half years. Left a Will and I am executor but there are very few assets left. About $900 in an IRA that hasn't been touched in years and $500 in nursing home account, we had a joint bank account but that has been used in years and has no... View More
answered on Sep 15, 2017
Quick advice. Do not file the will. For the IRA, see if there is a beneficiary designated. If not, file a "voluntary administration" for $1 to collect. Go to the court clerk with the account information in the Surrogate's Court.
His wife is withholding everything from his daughters including keys to the mosoleum where his ashes are. We believe my dad was co-owner of land in ellicottville ny (with 2 of his nephews) but are not sure if his name is actually on the deed or not. We are wondering how we can find this out as... View More
answered on Sep 8, 2017
Kids are entitled to half of unbequeathed property, but the deed governs on the property. Go to the county clerk and find out what the deed says.
Do I have to give them to her? Does she get a copy of the deed.
answered on Sep 6, 2017
You mean you have a right to live in the house on top of owning 50% of it?
I don't see what Insurance has to do with it but you have to have insurance on the house
Sincerely,
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies... View More
5 siblings. Father passed away in 2013. No admin granted for court, because younger siblings feel they are entitled to everything/want to control everything. I am military and live in MD. Others live near estate. Initially we all agreed that myself and younger sister would be admin and signed... View More
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answered on Sep 5, 2017
Public administrator may be the best option here since there is clearly a dispute amongst the siblings, they still collect a fee however and you are best served by overseeing the public administrator as much as possible.
Life insurance policy left to my father in his name by my mother. Father passed away unaware of policy. Siblings NOT named on policy only father. 5 siblings tried to cash but insurance company needs admin papers for father's estate. Once admin is granted can the siblings cash and share the... View More
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answered on Sep 1, 2017
No quick answer to these questions since more information is needed and some things simply won't be known. I am happy to assist and advise, but will charge a fee (reasonable). Please email me if you wish to discuss further.
my cousin asked for my address so that i can be notified that aunt passed...
answered on Sep 1, 2017
She is probably applying to be estate administrator, and needs to notify you of that fact. You are next of kin, and could also apply.
Just received admin citation from court to have one of the siblings be named as admin or a public admin to be named instead. House is in foreclosure and none of the siblings can pay back payments. We will let it go. However, there is a Metlife policy. Metlife says the money will go to... View More
answered on Aug 30, 2017
Do not do Public Administrator. Have yourself named co-Administrator. While illegal to steal the money, what are you going to do about it if they do?
the other sibling was named executor of the will. but my name was not on it but they want me to sign off and I don't know why
answered on Aug 29, 2017
Because you are a distributee, a formal name for next of kin, and you are entitled to notice.
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