Get free answers to your Probate legal questions from lawyers in your area.
Parent died with a mortgage (78K, value $154) with equity, car is paid off (value 7500), and 20k plus in credit card debt. Daughter was living with mom, she wants to stay in house, assume mortgage thru either act but has no money to pay moms debt. The will states 50/50 to dependents (total... View More 
answered on Jan 31, 2017
Contact a FL lawyer. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
I have the death certificate and I'm the only heir. I'm an adult (non-disabled). I was hoping to claim the small amount in my father's bank account to help reimburse some of the funeral expenses I've incurred. There is no Executor/Admin or will and he had no property or anything... View More
answered on Jan 31, 2017
You need to do a voluntary administration with the Surrogate's Court. It costs one dollar. The clerk can help with the forms. You do it in the county your father resided in when he passed.
My parents moved from Puerto Rico to New York 5 year ago and purchased their new primary residence in NYC. Unfortunately, my father passed away before writing a new will in NY. Does the proceeds from the sale of the NY apartment fall under Puerto Rican or NY law?
answered on Jan 30, 2017
If he died in NY, then you can file a Probate action in NY which should address all his worldly possessions. His last will should be entered into evidence, regardless of where it was written. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More
There was a $4,000 lump sum I was supposed to recieve from my father's death benefits. How do I go about in finding where this money went
answered on Jan 30, 2017
You can contact the administrator of his will or the party with access/ control of his funds. 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... View More
My mother is the sole supporter of my disabled brother who is on SSI. The SSI helps but would nowhere near close to pay rent even for a single month.
I was wondering if my mother became incapacitated or passed away how would my brother or I be able to access the money my mother has in the... View More
answered on Jan 30, 2017
Intestacy laws would apply. When there is no will, there IS a way! :)
See: https://www.nycourts.gov/courthelp/WhenSomeoneDies/intestacy.shtml
The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,... View More
I've been paying the costs on the estate property since her disappearance. How do I get my money back and preserve the estate if I don't have standing as a creditor or an interested party?
answered on Jan 30, 2017
You can file in the Probate action to be the administrator of the estate if your niece has abdicated her role. 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... View More
Uncle died and a bogus will was given to court by live-in lover but very little assets were found so court made it executor voluntary administration. Years later family found assets and told live-in lover but he did not probate will because family wants to fight will. Now live-in lover has done... View More
answered on Jan 30, 2017
If timely, you can file a Probate action. 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
I was told the letters must be dated within the last 6 months. Problem is they were dated in 2009 when I first received them. What to do?
answered on Jan 27, 2017
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: Business & Contracts,... View More
My question is we can't find the recent will but know there was one. Could we fight it in court, even if the son started to probation an old will?
answered on Jan 27, 2017
You'll need evidence of the recent will to file it 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,... View More
Can I go through probate without attorney. I am disabled and the estate is very small.
answered on Jan 27, 2017
You don't need to have a lawyer, by law, for probate matters. You can access forms online at the NY Courts website and 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... View More
It was not filed with probate, and I'm not sure if it is the right one. As he was dieing he kept telling me that our house was mine and i was the only one who could get it as i'm his only biological child.My fathers best friend of 30+ yrs.told me my dad had been telling him that the house... View More
answered on Jan 27, 2017
A probate action can be filed, and you can challenge the authenticity of the will. If someone forged his signature, you can notify the police asap. 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
After father in laws passing over 500,000 was left for her care. Sister in law lied about where she was going to take mother in law to sign a POA(durable) AFTER dementia diagnosis. Not a DOLLAR has been spent in care of mother in law. I have paid all bills, my wife has cleaned,cooked and chauferred... View More
answered on Jan 26, 2017
Check with the administrator or trustee to see if you're in the will or trust. You may file a Probate action in court or respond to one if it's already been filed. Otherwise, you might be able to sue the estate of the deceased if that is palatable to you and if there was a prior signed... View More
In two family residence, daughter-in-law in first floor, mother-in-law in second floor. The next day after my father death, the telephone ownership was change to the daughter-in-law without my mother knowledge. As time passed by, we found out daughter-in-law listen to my mother telephone... View More
answered on Jan 23, 2017
This might constitute a violation of privacy, illegal wire tapping, and possibly fraud. 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... View More
How can I find Out if there is a will and if so
What can I do?
answered on Jan 20, 2017
I'm sorry to hear of your loss.
If there is probate the will (or the fact that there is no will) MUST be disclosed to all heirs in most states, If the nominated personal representative does not act to begin probate within a specific time, ANY heir or interested party can do so. (An... View More
he signed his will. He was lucid when it was signed, but will the fact that he was diagnosed with dementia invalidate the will he signed after the diagnosis?
answered on Jan 14, 2017
Whether or not he had 'testamentary capacity' and could sign a will is FAR more complicated than just a diagnosis of dementia. Most people who have dementia have moments when they ARE aware of what is going on and can make rational decisions, and moments when they are completely 'out... View More
answered on Jan 9, 2017
You can be in charge, but you have to file for it. If there is a will nominating someone else, that person will be in charge.
These funds were to be split equally between him and me.
For the past year he has refused to answer any questions concerning the distribution of these funds. To date he has refused to return calls, emails etc. I'm due approximately $175,000.00. These funds allegedly have been in... View More
answered on Dec 24, 2016
You can sue him. But I think your legal terminology is messed up and that effects the answer. If you gave him power of attorney for you, you can sue him. An estate fiduciary cannot assign authority by power of attorney, so I am not sure what you are saying.
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answered on Dec 16, 2016
It depends on whether the setup of the account allows for it, but I would caution you against it in any event since on it's face it can appear to be self-dealing. Since you are still married and he has diminished capacity due to his illness I would suggest that you go through the process of... View More
answered on Dec 13, 2016
If there is a designated beneficiary, that person just needs to present a death certificate and fill out forms to get the money. If there is none, then there needs to be an estate formed. What kind turns on the amount of money. Definitely not a big deal.
attorney, based on what he calls my "bloodline power of attorney",so he can access her storage unit. Can he apply instead to be volunteer administrator of her small estate, without my involvement? As of yet, no paperwork has been filed and no one is officially in charge of her estate. My... View More
answered on Nov 30, 2016
You cannot give a power of attorney. That makes no sense. Only you can do the voluntary administration. He has no standing as a boyfriend. He could prepare the papers and file them, but you have to sign. He could bring an estate administration as a "creditor", but this is time... View More
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