Get free answers to your Probate legal questions from lawyers in your area.
The will was created while I was a minor and never updated. I am an adult now. In the will, personal representatives are named. Only one is still present. In filing documents with the court, I was told that I am unable to receive the paperwork needed because of these representatives being named.... View More 
answered on Nov 1, 2023
You will definitely need a lawyer on this one. It's a complex NY Probate matter. What are the assets of the estate? Makes me very sad that people didn't do a Trust instead of a will. Also, you could have filed for ADMINISTRAITON without a will and avoided all the headache alltogether... View More
I, along with my partner who is also 68 and suffers from advanced Alzheimer's Disease, resides in the home of the decedent whose house is in reverse mortgage. The deceased has six other siblings, three deceased. The house value is close to the outstanding balance on the reverse mortgage. I... View More
answered on Oct 19, 2023
A proceeding will need to be commenced in Surrogate's Court.
Ja k
Probate court has violated every rule and law as well as executor even criminal I believe but I can't afford an attorney. What do I do?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 29, 2023
If you believe that the court is acting improperly, you may be able to file a complaint with the judicial conduct board or another oversight body. You might also attempt to file your appeal in a higher court, but failure to meet deadlines may be problematic.
When my mother died in 2019, I unwittingly inherited a $100K Wells Fargo home equity loan from 2011 that it's my understanding was never paid back, either by her or by my late father. She had been claiming to pay off the loan using my SSI funds, and only in 2022 did I find out that was not... View More
answered on Sep 19, 2023
While an estate can owe funds for debt of a decedent which can be deducted from the distribution of their assets, you would not be liable on a loan you did not sign (in other words, you cannot “inherit” a loan). You can, however, inherit real estate and that real estate may be encumbered by a... View More
also died and before that his brother was appointed his guardian as he had dementia. Am I entitled to this money or should it go to my sister’s husband’s family? This happened in New York City.
answered on Sep 19, 2023
The term "left" is ambiguous. If the mutual fund had someone as the beneficiary and that beneficiary predeceased, the fund reverts to the decedent's estate. If the mutual fund was bequeathed in a will, then the will must be reviewed to determine if someone else specifically gets... View More
There's 2 other siblings
answered on Sep 19, 2023
Check the Surrogate's Court of the county he might have filed his will, typically that of his residency, for a will. If nothing is there, contact the attorneys you are aware he most recently used for legal matters. If that's a dead end, run an advertisement in the local bar association... View More
The house was sold and there is a Will. There is a beneficiary who cannot be found. Letters have been sent and the letters have been returned to the sender. We visited the address and they no longer live there. There is no phone to communicate. Other beneficiaries are concerned that if this... View More
answered on Sep 12, 2023
There is a proceeding to bring where the money can be paid into court for that person, and the others can be paid.
My grandparents passed away and left a Will where all grandchildren are beneficiaries. My grandparents' children are deceased. The house is up for sale. There are six grandchildren, of which one is deceased, but has a living spouse and two children. We are unable to locate them to inform... View More
answered on Sep 9, 2023
Distribution of assets down the lineage to classes of beneficiaries depends upon the specific wording of the Will, which must be reviewed, as a determination of whether the testator's intent was that the estate assets were to pass down the lineage by per stirpes or per capita must be made.... View More
My mom died as well in 2017 and she had filed a lawsuit in 2014 and we had to show proof that she was our mother , so if something were to happen that we take over and what ever she would be receiving the money would be split between us . Sadly she passed and it went dormant for years until my... View More
answered on Sep 3, 2023
I'm sorry for your family's loss. It would probably be better for an attorney who practices in the Probate & Estate Planning areas to offer guidance to you. The question is posted under Civil Litigation, and that's probably why it wasn't picked up. The issues you describe... View More
One hundred thousand dollars it says if there are no liquid asssests in his estate when he dies then said distribution should lapse . Now my sister got the house that I’ve lived in fir 20 years n hurriedly transferred the house in her name and then there’s another house my father had that... View More
answered on Aug 24, 2023
It depends on the language in the Will if you can use estate funds or take the asset subject to the lein. More often you can and should pay off the debt with estate assets. A careful review of the Will provides the answer.
My mother died in 2001 without a will. I have two brothers, one has passed away. The property left without a will is located in Barneveld, NY. It is 5 acres. My brother who passed away was the executor of the estate. I asked him for years to give me my portion of the property or buy it from me. He... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 21, 2023
Hire a NY attorney, not a title outfit. He will need to determine heirship, search the title, and ultimately determine who owns the tract. Who has been paying taxes? If not you, it may already be someone else's. Probate might be required, but probably heirship and/or taxes control... View More
My wife's dad passed in '95- there was no probate cause she thought he had no assets. Her mom recently passed & discover pat-gf left 2 properties in PR to her dad & his 6 siblings (gf passed '80). Have copy of will. Her dad was holdout on liquidating & apparently never... View More
answered on Aug 18, 2023
You will need to reach out to a lawyer in New York also authorizes to practice law in Puerto Rico or to an attorney in Puerto Rico.
Death bed and took the wife off, He's passed away,so do the wife still have rights. They was still married.
answered on Aug 24, 2023
Yes, in NY the spouse needs to file a claim aka a right of election within the statute of limitations period or be barred forever.
you cannot disinherit your spouse. In other words, under New York Probate law if you do not get along with your spouse, but choose to stay married, you cannot... View More
My dad died 2019 of lung cancer his ex wife remarried him 6months before he died with a mentally handicapped kid as witness after knowing he had lung cancer took new truck car whatever he had left and gave nothing to me or brother or grandkids I was too upset how things went down to deal w things... View More
answered on Jul 12, 2023
I'm sorry for the loss of your father. We lose our elderly Veterans population at a depressing rate.
I would bounce this question off of a family lawyer and maybe a probate lawyer in the jurisdiction where they were allegedly married and where he died.
There are so many moving... View More
My mom is sociopath gold digger. She abused my dad 50 yrs resulting in his aphasia and dementia. Can my mom change my parents will to cut my young daughter out? My mom hates women and children, she is undiagnosed sociopath. How can I protect my daughter's inheritance from my Dad's side of... View More
answered on Jul 1, 2023
A person can always change their own will as long as they are of sound mind. Assuming your parents have separate wills and your father has dementia, his will likely can not be changed unless he does it himself while he is lucid.
I have proof based upon emails and texts
I have the will and I also have a few family matters that I am not sure qualify me to contest but Im willing to try.
answered on Jun 19, 2023
This is something that the attorneys who practice in the Probate and Estate Planning areas would have insight into, but your question remains open for a week. It might be because the only category chosen was Family Law. You could try reposting and adding Probate and Estate Planning as categories.... View More
How do I give my aunt who resides in PR permission to send me my portion of the sell of the estate.
answered on Jun 18, 2023
You may need a Puerto Rican attorney. Have a free telephone consultation with New York counsel.
Jack
2,000 to 3,000 in the account I dont want to do probate for only that
answered on Jun 17, 2023
You should first speak with the legal department. Some banks such as BOA, may allow an affidavit to be completed. Other banks may require the appointment of a fiduciary such as yourself by the Court to collect the funds. Due to the amount, it would be a small estate proceeding. You can contact... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
