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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
Long Island. Are taxes an issue?
answered on Nov 24, 2016
If your mother's estate is worth more than $4 million dollars and dies before April 2017 you may have an issue with taxes. You can look up NY Estate tax exclusions for more information,
Does mortgage come out of his estate or us my sister responsible??
answered on Nov 22, 2016
It depends on what the deed says, and who has actually lived in the property.
Neither had a will. How do I transfer title to estate.
answered on Nov 16, 2016
Talk to a North Carolina lawyer. You may be able to transfer by operation of law, without an estate. If not, you need to open an estate in New York, and then do what is called an ancillary proceeding in North Carolina. Not hard, but some amount of work.
She had a will and listed funds should go to charity and also listed my mother and two uncles as "distributors". They all predeceased my great aunt. I am the next of kin. To complicate things, the executor was an attorney who was suspended due to a mortgage scam against the elderly. A... View More
answered on Nov 7, 2016
Only the duly authorized estate representative may file a claim. As there is apparently an executor, that person must be the one to file.
Mother died three weeks ago in NY state; survived only by her two daughters. She left a "Last Will and Testament" which was signed only by a notary public, with no witnesses. The document states that her two daughters should be co-executors and "share and share alike" in the... View More
answered on Nov 5, 2016
The will is definitely not valid. As long as it is a 50/50 will, there is no difference between a probate or administration. Do the administration.
Also, what happens if he is sick for some time at the end of his life and ends up owing money because of that? Can they come after the house for unpaid bills? The house has no mortgage. I have lived in the house for 12 years and have paid all bills and property taxes and all is up to date. My... View More
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answered on Nov 2, 2016
Would be helpful to review the deed but if you owned it as joint tenants with rights of survivorship it automatically transfers to you
If you own it as tenants in common and your father has a will the answer may change. I would recommend an attorney look at the situation.
My boyfriend is the executor, but his parents had no assets, just a ton of bills. What should we do?
answered on Oct 29, 2016
If there are no assets there is nothing to do. If the deaths were caused by an accident and there is a claim to be made, then there is an asset.
does a spouse have more rights even though a will states house that he is currently living in go to a brother?
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answered on Oct 24, 2016
This question is unintelligible.
A property was inherited by my brother and myself after father's death, and our accountant opened an IRS EIN Account, which has been claiming income for this property. A probate proceeding was never entered into and the property was never probated, though we continued to claim yearly income... View More
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answered on Oct 10, 2016
The IRS cannot cancel your EIN. Once an EIN has been assigned to a business entity, it becomes the permanent Federal taxpayer identification number for that entity. Regardless of whether the EIN is ever used to file Federal tax returns, the EIN is never reused or reassigned to another business... View More
A partition sale by auction was granted to plaintiff, but despite my asking for an Escrow account to be set up pending the closing of the Estate EIN Account, the Judge did not mention such accommodation in his order or direction. My lawyer as said that the judge did not accommodate this escrow,... View More
answered on Oct 8, 2016
Your understanding of this process is very limited, which concerns me as you have a lawyer. After the sale, the money will be divided among the owners, which I am guessing is the estate and someone else. The cash will be paid to the Estate. Taxes must be paid before a beneficiary is paid. I am... View More
- should that person also set me up as a POD on their bank account?
answered on Sep 29, 2016
It is up to them. A POD designation will avoid probate and allow you to access the money faster.
the only child of my father's that lives in the same state as him, which is NY. I have hired an estate attorney and recently applied through the surrogates court to become the administrator of his estate. I have the key to his house. My two siblings whom live in a different state want the keys... View More
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answered on Sep 26, 2016
Your attorney is probably right, he's being cautious, that's a good thing. Considering your siblings and you are acting hostile (i.e. "press criminal charges.") It's best that you only speak to them through your attorney and that your attorney potentially advise them to... View More
A buyer put down a deposit to buy the house but requested to wait a month before going to closing. My grandmother who owned the house passed away before the house was closed on. She left the house to my father in her will. My grandfather and uncle (my fathers brother) both had passed away before... View More
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answered on Aug 10, 2016
Your father will have to get letters testamentary issued on your grandmother (and possibly grandfather's) estates in order to sell the property if he has not done so already.
- Barry
His wife, not my birth mother, has adamanetly claimed that my father left nothing to his four children, or his nine grandchildren. Albeit, I'm speculating this, but I do not believe that there was nothing left to his children/grandchildren. What are my legal rights to look into his estate?
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answered on Aug 3, 2016
You can start an action in the surrogates court to compel the production of any wills, trusts, insurance policies, bank statements, deeds evidencing ownership, etc. In NY, if you die intestate (meaning without a will) the spouse inherits the first $50,000 plus half of the balance. The children... View More
My brother and I were named co-executors/sole beneficiaries in father's unprobated Will. All taxes have been paid. We managed as executors the rental property left to us, and all documents attached to this property (i.e. EIN Estate tax account, Leases, Insurance) are titled "The Estate... View More
answered on May 20, 2016
are you trying to stop the partition at this point?
did you have notice of the partition?
House paid in full and death has been reported . questions what kind of money we taking for them to continue to stay in home do they have to come up with new tax money because home will now belong to them?? Also just found out house has no insurance ugg mom updated will to include me equally... View More
answered on Feb 7, 2016
If the Deed is not in their names the Will must be probated through surrogates court. The cost and length of the probate process will depend on the complexity of the estate.
Virginia is the executor of the estate but me and my other cousins are listed in the estate what do I do, they trying to sell the house that was my aunt but in order for it to get sold they had to contact everyone do I have to do anything to make sure im included in the whole process if the house... View More
answered on Nov 3, 2015
Normally, you don't have to do anything. The notice you received was to give you an opportunity to object to the conditions of the sale should you believe, for example, that it could be sold for a better price. I suggest that you call your cousin and ask for a rundown on what the process... View More
The Estate is in Pennsylvania
answered on Aug 31, 2015
This is a probate law question for attorneys in PA. You probably need to speak with a probate attorney in PA about this. The attorney will want to know all the facts that are relevant, and probably needs to see relevant documents. The answer is that it most likely varies depending upon the facts of... View More
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