Get free answers to your Probate legal questions from lawyers in your area.
He left real estate property that is still in his name. Does his widow have legal ownership? If she has the deed, how does she tranfer it to her name?
answered on Mar 1, 2017
If there are no kids she has legal ownership. If not, she shares with them. However, it is better to open an estate and formalize the transfer, as title may be unclear upon her passing and she needs to clear it up to keep the property marketable. Not complicated or expensive.
answered on Mar 1, 2017
In probate, up front. In partition, value is not a triable issue, so there is never an appraiser.
has been remarried for quite some time to my step mom. I haven't seen the will or been asked if I wanted to see the will. How do I know if my father left anything for me? I don't feel comfortable asking her to see the will as I don't think she would show me anyways.
answered on Mar 1, 2017
You can file a motion for probate in NY court. See: https://www.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... View More 
My nephew lived with my mother and has denied all of us access to her house. We cannot get in to handle any of her affairs, medical bills, mortgage payment, utilities, etc. What can we do?
answered on Mar 1, 2017
You need to file an administration petition with the consent of your siblings. Then you can evict your nephew and get the house deeded to you by consent of your siblings. A little bit of a process but only one way to do it.
the will states i was to receive 75% of the estate and the other 25% left to a supposed friend . i just went to court and it went to probate and the friend who was to receive 25% was named administrator. now his attorney is sending letter saying all rent money is to be payed to this friend. how is... View More
answered on Feb 28, 2017
An administrator can manage property until the estate is distributed.
My dad's wife won't tell his children what is in the will. She said she gets everything. His estate is worth over one million dollars. We have no money to hire an attorney. What can we do?
answered on Feb 27, 2017
You can file a probate case. See: https://www.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,... View More
His wife won't tell his children what the will says. His estate is worth more then one million dollors. We don't have money to hire an attorney. New York state.
answered on Feb 27, 2017
You can bring an administration proceeding but it is hard to do without an attorney.
My father in law created a family trust for his house upstate and for this house i live in and I borrowed money from my dad to serve both sister in law and my mother in law to produce the will and the trusts, and they refuse to do so,, While my father in law was alive he charged be $700 a month in... View More
answered on Feb 24, 2017
You can file the related petitions to challenge the actions of the administrator of the will. Self-help forms and resources are available online at the NY Courts website and at your local law library. See: https://www.nycourts.gov/forms/surrogates/probate.shtml
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I need this letter to change the title of 2 cars ... all with the value of less than $20000
answered on Feb 22, 2017
There is something called a "Voluntary Administration". It is one dollar. You need to bring the title information to the court and a clerk will help. Go to the Surrogates Court in the county where the decedent resided when they passed away.
I know it has to be against his estate. Is this the right way to go? I don't have a judgement, just an award letter.
answered on Feb 19, 2017
If he has an estate open, you need to file a claim, which is done by sending your claim to the executor and filing it. Do this by delivery confirmation (certified, FedEx, etc.). However, there is a time limit to confirm an award for a judgment, so you need to file to make the deadlines.
NEW YORK: Woman died. Single. No kids. No parents. Her brother is next of kin. He is elderly and unable to travel, and he lives outside of New York. He is not able to go to New York (where decedent lived) to collect her property from her rented apartment. He is not interested in acquiring... View More
answered on Feb 18, 2017
If the property manager believes that the decedent's brother must appoint someone to collect the property, what's to stop the brother from appointing the property manager? As a practical matter, the brother can't be forced to do anything; the brother could simply do nothing and let... View More
answered on Feb 17, 2017
It depends if the beneficiary designation was on the account or is just in the will. There is an elective share for a spouse from the probate estate.
i have three other biological children and i want to cut them completely out of my will can i do this and how?
answered on Feb 15, 2017
Read my answer to your identical question here. 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 appearances/ publications... View More
i want to make my step daughter my sole beneficiary and cut my biological kids completely out of my will making sure that they will not be able to contest my will in any way shape or form. i want to make my will iron clad and air tight.
answered on Feb 14, 2017
In order to be iron clad and air tight, yes you'll need an experienced estate planning lawyer to draft your will. With knowledge going in, he or she can plan to withstand challenges based on undue influence or fraud or what-have-you. And the nice thing is, it doesn't have to be expensive.... View More
what would i need to do to handle that.
answered on Feb 5, 2017
Have a probate lawyer review the matter for you. Your question lacks detail. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in... View More
We have a brother, but he does not share the home. She was never married, no children. My brother and I are next of kin.
answered on Feb 5, 2017
You can file a probate matter in court. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following... View More
answered on Feb 4, 2017
More facts are needed. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law:... View More
Does her estate need to go to probate? She had no will. Her portion of the estate in probate is likely more than $30k.
answered on Feb 4, 2017
Did she receive the funds prior to her death? Probate may be appropriate. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA,... View More
answered on Feb 4, 2017
See my answer to your identical question. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following... View More
answered on Feb 4, 2017
It depends on the nature of your ownership of the house. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in... View More
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