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they have a will that states if one dies, the other spouse received the whole estate, substantial amount of money
if the husband dies first, the wife gets everything...
my question is: can the 2 adult children sue for part or all of the estate, if so, do they have a case?
answered on Aug 19, 2017
This is a classic case when will will do. Ore harm than good. This couple needs a trust to avoid exactly this situation.
When the will goes through Probate anyone challenge it especially potential beneficiaries not to mention creditors which can be numerous. And if one was getting Medicaid... View More 
answered on Aug 19, 2017
Generally yes, what are the assets of the estate? It will be distributed pursuant to intestate succession laws of the State of NY.
You should file for administration proceedings. But get a legal consultation first so you know what to expect.
Sincerely,
Inna Fershteyn... View More
I start to probate my father estate now I found my will which 17 years I discover my mother willcan i also put in mother will for probate.
answered on Aug 17, 2017
Yes, you can. But probate will be expensive as you have to serve the named fiduciaries to get "c.t.a" powers. If you are the only heir, consider an administration instead.
Can I request an accounting now as her child . 5-1510 is confusing and inconsistent as to whether I have to right to this after her death or for that matter at any time prior to her death.
answered on Aug 16, 2017
You can get an accounting but it is a multi-step process. First you need to be the administrator of her estate. Then, you sue on behalf of the estate to get the money from your aunt.
A scheme to defraud distributee. Will was stolen by relative and deceased signature was copied online to add his name on an investment account left to sibling. Case dismissed due to not having original document.
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answered on Aug 14, 2017
You can appeal the dismissal, a lower court judge, such as a surrogate's court judge, cannot deny you the right to appeal. I'd need to see the documents you are referring to in order to give you a more thorough analysis.
Do much about it either so I'm thinking about getting a new lawyer to handle this
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answered on Aug 10, 2017
I'd be happy to look into this matter with you.
She stole all of my parents money with the help of a friend who works for the bank their accounts were in so that's why I'm figuring she won't tell us where she moved to. Who can investigate the bank?
answered on Aug 10, 2017
Anyone can be found, and you have an obligation to do so as executor. If you do not get a release from her, you are exposing yourself to claims by her. Also, why did you not pursue the "stolen" money as executor. This is your obligation if what you say is true.
answered on Aug 7, 2017
Why do you need one lawyer Ronnie located in both places? Mainly lawyers use other lawyer to do ancillary probates in other states.
Sincerely,
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Ave, Suite 400
Brooklyn, NY 11235... View More
All 5 of them stopped talking to me.i signed paperwork and am listed on inheritance
answered on Jul 30, 2017
You can if there is a will doing it. No if an administration.
I worried about taxes and probate court fees.
answered on Jul 28, 2017
It depends on the value of the assets, but there is no need to worry. Enjoy the time with your father and call a lawyer when something happens.
answered on Jul 27, 2017
Whatever the will says to do you are supposed to do. You might find the funds are de minimus, as they do not tell you until you start the process to collect.
Myself, mom, and two brothers inherited grandmother's house. Two great-grandchildren named in will to inherit balances of bank accounts. Bank accounts drained to pay for nursing home, nothing left in them at time of death. We sold house to split proceeds 4 ways among us. Now being told to take... View More
answered on Jul 27, 2017
If the documents say what you say they do, you do not have to give money because the bank account had less on the date of death than your nephews expected.
She hasn't contacted me since I told her I wanted everything that was in my dad's name.Afraid I will end up nothing of my dads
answered on Jul 25, 2017
The word executor means a will. An administrator is in charge if there is no will. You are using conflicted terms. If there is no will, you get half under the law, unless accounts were titled so she gets it. You might get nothing.
He had no sons ,wife,or mother or father alive
answered on Jul 17, 2017
You need to file what is called a Voluntary Administration in the Surrogate's Court of the county your uncle resided in when he died. It costs a $1 filing fee.
Wife preceded him in death, a son died post death, never married and no children. Estate has unclaimed funds (mutual funds worth 18,000.00dollars)NYS. Lived in westchester county, NY, died at Oyster Bay, NY while under sons care. Where and what needs to be filed to claim funds.There is no will.
answered on Jul 15, 2017
It does h intestate succession. Decscendants need to hire Estate lawyer and file for administration in the county where he died.
www.BrooklynTrustandWill.com
There are no problems with the family, no disputes.
answered on Jun 27, 2017
I do not know what "recorded" means. If the executor has letters testamentary, and the funds are collected in an estate account, the funds may be disbursed. However, there are releases usually signed, and a right way to do this for which a lawyer might charge a small fee.
answered on Jun 20, 2017
See: https://nycourts.gov/courthelp/WhenSomeoneDies/probate.shtml
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More
SHE DIED IN FLOIRDA 7 YEARS AGO . DO I HAVE A LEGAL RIGHT TO THE ASSETS OR NO?
answered on Jun 19, 2017
You need to probate your grandmother's will. Power of Attorney dies at person's death it's no longer valid.
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He has poor health and I would not be surprised if he passed away at any point. He is leaving the house to the children in his will. His intention is that the children earn incoming from the property. My wife and I are concerned that this will become a huge headache for us to manage/rent on behalf... View More
answered on Jun 14, 2017
He needs legal advice. Leaving property to minors is a big problem on many levels -- court, tax. City. He needs a trust. Gat lawyer ASAP.
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