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answered on Jun 8, 2017
Nope. That is the whole point of the ITF (in trust for) designation.
The house is in rural Belmont, NY and is on 6 acres of land with great road frontage. As far as we know, the title is unencumbered. The neighbors are interested in buying the land and recommend that we have the house condemned. They told us - the tax accessment period ends in early June - so we... View More 
answered on May 27, 2017
Call a local realtor and see what the property is worth. It may have a negative value if you have to pay to tear down the house.
Sisters moved a large sum of money from my father's bank account prior to his death in order that Social Security would not take it for my mother. After he died they are now claiming there was no money moved. They also signed over his car to my sister. Shouldn't I get a 1/3 of the value... View More
answered on May 26, 2017
If the transfer was made before death it's a gift and unfortunately there is no recourse.
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
I can not afford to travel to Lockport for the Court Date. How can I provide my concerns without attending the court?
answered on May 26, 2017
Hire a lawyer to appear for you. Those are the choices. You come yourself, or have a lawyer.
There is a 8 year old daughter so saying that who is the next of kin his father or his wife who was legally seperated.
answered on May 20, 2017
The mom may likely be able to continue having custody of the child. The grand-dad can request visitation via court filings. 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... View More
Is his dad next of kin.
answered on May 20, 2017
The mom may likely be able to continue having custody of the child. The grand-dad can request visitation via court filings. 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... View More
New York Delaware County
answered on May 11, 2017
Absolutely. If you hire a lawyer, they can perform any skills or tasks that you hire them to do. This is why it is imperative to go to a lawyer who practices in your needed area as an expert!
The executor is telling other possible hiers to contest the will is this a conflict of interest for the executor
answered on Apr 28, 2017
Removal must be for cause, and requires a petition in the Surrogate's Court. However, your post indicates probate has not occurred. If so, one must object to the will to defeat the executor. If the will is valid, subject to a few requirements, the decedent's choice of fiduciary is... View More
answered on Apr 25, 2017
If there are assets in your Aunt's estate that were in her name alone before death, then yes, the will needs to be probated. If there are no assets, then no, and the will will have no use practically other than as a 'family momento'.
-- This answer is offered for... View More
My father's only asset was his home. He had no will. I have been told that a full administration proceeding is not necessary, that real property vests in the Decedent's distributees at the time of death which makes the distributees the owners of the property. There are 3 children... View More
answered on Apr 17, 2017
You are correct that you can do it this way. The issue is title marketability. A title company will be more comfortable with an administration, as kinship is not an issue. For example, how would a buyer years down the road know there was not a fourth sibling?
died the County took title to her home for back taxes. My family has not yet filed an application for appointment of an Administrator in Surrogate's Court. My question is, can the County take title to property of a deceased taxpayer without going through some sort of action in... View More
answered on Apr 10, 2017
It is likely that the foreclosure might not be done right, and that if you wanted you could redeem the property. However, you have to move quickly. It will become more complicated if the property is sold to someone else. It will require a motion and court appearances to get this undone.
If a trial date is set by the Court and that is agreed to by the Proponents.
What is the likelihood that they will file Summary Judgment?
I know they can but, wouldn't that be like poking their finger into the eye of the Judge?
Thank You very much.
answered on Apr 8, 2017
If there is no date in the pretrial order to file summary judgment, then it is likely not allowed anymore. As many of the burdens at trial are on the objectants, a trial is in many ways harder on them. It depends on what evidence people have.
My mom always split her time between NY and her house in Trinidad, but her primary residence before death was Trinidad. She has no spouse. She has U.S. children (including me) and real property and U.S. retirement funds. What do I need to file and receive from the court in the U.S. and in Trinidad... View More
answered on Apr 2, 2017
It depends what assets are where, and if the death certificate lists Trinidad as the domicile. It is not impossible, but hard, to argue for NY residence, but there is no reason to do so if it is not needed. I have handled a Trinidad/NY case, and in that one there were only bank accounts in NY, so... View More
She has about $2000 in her account and has about $9000 in debt. I am getting mixed info. I should open an account and others saying not to bother. The debtors will handle it.
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answered on Mar 29, 2017
It's pretty easy to open a small estate proceeding at the Surrogate's court, I would recommend that and then just advice each creditor that they can be paid pro rata from the estate's bank account which you will fund with the $2K.
the new administrator. Will that be a problem since he remarried? Will the wife have any legal grounds to my mothers estate? If so, would it be worth taking the wife to court over any benefits she may receive?
answered on Mar 27, 2017
This is not a problem. You have to bring a special proceeding called a "CTA". Call a lawyer to help.
me or my 2 sisters. I thought he would share the portion that would have gone to my mother with my 2 sisters and I. he knows where we are since we are friends on Facebook. My Aunt lived in Buffalo new york
answered on Mar 26, 2017
If your mother passed before your aunt, then your uncle is the next of kin, entitled to the whole estate.
There was no will left behind does my brother-in-law have a say in any of these matters that pertain to my father's Estate
answered on Mar 15, 2017
Your brother in law has standing which is less than you but if you do nothing then he can act. Apply to be administrator ASAP.
There is no liquid money available, but I do plan to sell a property that will leave only about 40k after commissions. The credit card debt alone is $44k. Must I treat all credit card debt and personal loans equally and divide what little money is left to give them each a token? Or can I chose... View More
answered on Mar 9, 2017
The only way to do this with certainty is to pay pro rata and then do an accounting. But, the credit cards will definitely negotiate. A lawyer can help. You want to avoid an accounting if at all possible.
Mom had set up a deed naming me as remainderment (?) on her house and her having lifetime use of it. Prior to her unexpected death she had borrowed money from a friend to pay the property taxes due on it (22k). I then needed to borrow an additional 24k to pay remaining past due taxes after her... View More
answered on Mar 8, 2017
You can file a claim, but if you are paying yourself, it is objectionable. It would not take priority over credit cards. While the initial taxes were a lien, you did not get assignment of a lien. Your claim is unsecured.
I was told I don't need a lawyer since I am the only living person left and the house was left to me, Deceased was my mother, and what would be a reason for a lawyer?
answered on Mar 7, 2017
It depends on your degree of kinship from the deceased. As it is real property, I am willing to bet that you do.
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