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New York Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for New York on
Q: We had a death in the family. There is an estate with money and homes. Can the money be used to finish one house off?

Stepdad is executor. I am step son. Officially related by marriage next month. We live in same residence.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

It depends on the terms of the estate documents. 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... View More

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Bought a seasonal property deeded as tenants in common. Have since married and making this our primary residence.

By deed I own half of the residence. For probate purposes does this change distribution of property. i.e. can my partner claim my share in any way?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

Have you signed a separate property agreement? Do you have a prenuptial agreement? These may be good moves to consider to clarify your rights. 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

1 Answer | Asked in Family Law, Estate Planning and Probate for New York on
Q: My father has been with my mother since 1984, is his ex wife (remarried illegally without a divorce) still next of kin?

my father died here in ny and his ex wife from 30+ years ago is being made next of kin.. my father and my mother been together since 1984 and his ex wife was remarried in 1988

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

It depends on the terms of his will/ trust. 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... View More

1 Answer | Asked in Probate for New York on
Q: My sister is the executor to my Dad'said estate but she is not informing us of what I think is required in the process?

The Probate was filed in Monmouth County Court in Dec 2015. What should she be communicating to us?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

You may be able to file a motion in the Probate case if she's not responsive to reasonable requests. 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... View More

1 Answer | Asked in Probate for New York on
Q: My father passed and the beneficiary, my aunt passed. He has on remaining sibling and two children. Who can claim?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

They can file a Probate suit to determine their rights. 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

1 Answer | Asked in Probate for New York on
Q: My friend died his brother is sole heir and does not want the house can he just transfer the house to me to honor the

Wishes of his brother I already live in the house and have been paying the mortgage for 10 months

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

Have a lawyer review the will/ trust. 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

1 Answer | Asked in Probate for New York on
Q: My father passed 2008.He+ his 2 brothers had family business (still active). How long can they postpone court?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

Continuances are granted at the discretion of the 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... View More

1 Answer | Asked in Estate Planning and Probate for New York on
Q: my father passed 17 months ago and now finally i am the administrator of his estate.

my father passed 17 months ago and now finally i am the administrator of his estate. his wife (not my mother) did not inform the creditors he passed and now i have credit card and medical bills to pay with the estate money and there is 17 months of interest & fees. Once I notify the creditors... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

The estate should pay for the debts of the deceased. You can try to negotiate interest and late fees with them to avoid litigation. 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/... View More

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for New York on
Q: My father's will was probated in Mass but the property is in New York state. I am the heir to the property but not the

executor of the will. While waiting for a lawyer I solicited almost 2 yrs ago to have the property changed over in my name, I contacted a real estate broker who offered to buy the property (dirt cheap) once the property is in my name. However, he already moved someone onto the property under the... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

That sounds like trespass and possibly fraud by the broker. 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... View More

1 Answer | Asked in Estate Planning and Probate for New York on
Q: my stepson's mother passed away she worked for the city, he was named sole beneficiary regarding her benefits,

is he responsible for her debts? What should be do with things like her last paycheck, her bank account, and her taxes if there was no will? If he goes to probate court to become executor of estate, does the paycheck, tax money, and remaining moneys in his mothers account go towards the debts or... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

Creditors may try to attach her assets in her estate. Her estate should be probated, if applicable. 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... View More

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Why do I need my signature notarized to receive life insurance check from my dad's estate?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

So they can verify that it's you. 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

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for New York on
Q: Can I leave my half of marital property to my child in a will? Mostly concerned with the house.

I purchased the home before the marriage but then transferred the title into my wife's name during the marriage. I would like to leave my half of the home and all other assets to my child. We live in New York.

Michael David Siegel
Michael David Siegel
answered on Feb 2, 2017

When you say "in your wife's name", do mean her in full, or to both of you as husband and wife? If the former, it is not your house to give. If the latter, you need to redo the deed to give your child an interest now (if child is of majority), or redo the deed to make it not marital property.

1 Answer | Asked in Estate Planning and Probate for New York on
Q: In Maine, how soon after death does a beneficiary receive inheritance w/will in place & $ exceeds small
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 1, 2017

Contact a ME lawyer. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

1 Answer | Asked in Probate and Real Estate Law for New York on
Q: Do i have rights to my deceased fathers benefits

My dad passed away 2 months ago, he lived with a woman for 25 years, they where never legally married nor legally considered common law. She keeps insisting on a death certificate, I think she's trying to claim his benefits. What should I do? They have a house in PR, but I don't know if... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 1, 2017

If he died in PR, you will need to hire a PR licensed lawyer. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Should I probate Will in the shadow of RPAPL 901 case in Supreme Court against unprobated property?

I would appreciate the assist of a Probate lawyer (NY) regarding a standing case RPAPL 901 for an unprobated property that my brother wants to sell by auction. Bad faith/malice. I was already in agreement to sell by traditional sale. We are named co-executors/sole beneficiaries by Will. Granted... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 1, 2017

Have a lawyer review the Will and any related legal actions and communications. Cases that are not yet decided in a jurisdictionally relevant court of law have no legal precedent value. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for New York on
Q: My sibling went contract with realtor before he probated the will is that contract valid
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 31, 2017

You might be able to challenge it for that reason in Probate 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,... View More

1 Answer | Asked in Estate Planning and Probate for New York on
Q: My sister is the executor for my fathers estate, we do not speak. I have no money to hire a lawyer, what should I do?

My father passed away 13 years ago with no will. The lawyer used the money instead of placing it into an escrow account. We were able to go through the NYS Lawyers fund and recapture a very small value of his estate. It has been a few years since the lawyers fund approved that part. To my knowledge... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 31, 2017

You can access legal self-help resources at your local law library. 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,... View More

1 Answer | Asked in Landlord - Tenant, Probate and Real Estate Law for New York on
Q: I don't think my question posted before: Can I evict my sister from deceased mother's home?

My Mother's will appoints me as executor. However, the court hasn't appointed me yet. Can I have my sister evicted for not helping to maintain the house or property without the court appointing me as executor? Two other siblings support me and one does not want to get involved.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 31, 2017

If the matter is in probate, the court orders and probate law affect such decisions. 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... View More

1 Answer | Asked in Estate Planning and Probate for New York on
Q: my mother passed away but her boyfriend was named beneficiary , she had 2 life insurance polices as well as a pension

should my sister and myself be getting these assets??

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 31, 2017

You may need to probate her estate. The policies should have named beneficiaries. If you were named as a beneficiary, they should have contacted you. You can contact them to ask. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... View More

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Mother sues contractors, passes away and son is now handling the litigation. to move Does he need to file a probate?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 31, 2017

Probate is a good first step so he can hire a lawyer to represent her estate. 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

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