Get free answers to your Probate legal questions from lawyers in your area.
I am currently in the middle of divorce proceedings with my husband, who seems to be mentally incompetent. He was in a nursing home or rehab during our last court appearance 10 days ago and appears to be under heavy medication, possibly in Hospice. I am seeking medical information about his mental... View More 
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answered on Apr 1, 2025
We must refer this asker to her lawyer to get a response to this question. We know nothing of her facts and cannot provide legal advice anonymously. There appears however a teaching point that we can explore to the benefit of the asker and any reader.
In the American mindset, a... View More
My mother-in-law passed away in July 2023 in New York, leaving very little in terms of money or possessions. Probate began in September 2023, and there are no disputes or complexities with her estate. However, the attorney handling the estate sale is personally going through her items rather than... View More
answered on Mar 19, 2025
Normally the executor who go through the items and hire assistance. It’s not the job for the attorney to go through the items like that and should not be charging a legal rate for work that’s not legal. It’s not normal or acceptable. You should take steps to force the clean out and sale.... View More
A family member is threatening to press civil or criminal charges if I don't provide financial documents related to joint checking accounts now solely in my name after the passing of a loved one. Both my family member and I are next of kin, but they were fairly estranged from the deceased.... View More
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answered on Mar 3, 2025
The fact that the decedent left no will means New York state's intestacy statute applies. If the asker and his family member are on the line of succession at the same level, then the joint checking account must be split between the two. The family member is correct as to his position that he... View More
I am the executor of my late father's estate, residing in his house, which is the primary asset included in his will. The house needs roof repair, plumbing work, and indoor construction. I have sustained a serious injury and have not been kept informed about the completion of the estate's... View More
answered on Feb 24, 2025
Managing estate-related repairs during probate without paying out-of-pocket can be challenging, but there could be options available to cover these costs. Since the house is the estate’s primary asset and is still going through probate, here’s what you may be able to do:
1. Use Estate... View More
It was in the closing paperwork. My attorney told me to look it up online. He hasn't been any help. The paperwork never even stated how much I was supposed to get.
answered on Dec 15, 2024
Life insurance is not typvally distributed by a will. It has named beneficiaries. If you are not named as a beneficiary in the insurance policy, you are not receiving anything from it directly.
10 years ago my dad transferred his home to me and he became the life estate. He passed away later that year. So the deed is in my name but the mortgage remained in his name and I continued to pay the mortgage. I advised the mortgage company of my parents deaths. I had to sign paperwork so I would... View More
answered on Nov 19, 2024
You might be able to use a small estate affidavit to claim the funds. This process is simpler than full probate and could allow you to deposit the check.
Back in 2014 my dad became terminally ill. He transferred his home to me and he became the life estate. I am the successor on the mortgage. I’m listed as the owner on the deed. There is no will or estate. I been paying the mortgage since his death. I sold the house this September. There is an... View More
answered on Oct 23, 2024
This is not my area of law, but you await a response for almost a month - and I think the wording of your question could have led to confusion about exactly what was meant. If you're listed in a will or trust, you know you're getting something as a beneficiary. It doesn't sound like... View More
Background: House located in NYC/Kings County
Characters: Mother (deceased), father, self, brother, half-brother
Backstory: House purchased in 1974, In fathers name only. he is breadwinner, mother is homemaker. Mortgage paid off 1987. In 1988, father add mothers name to deed. in... View More
answered on Oct 13, 2024
The father likely inherits as the surviving spouse but the language in the deed will govern it.
My dads ex girlfriend forged his will I have a lawyer, she used the website Eforms, she said he signed it 2021, the website says the NYS will was updated in May of 2024 but the company will not tell me what they exactly updated. I was thinking maybe it used to be that the witnesses could sign it... View More
answered on Oct 1, 2024
There's no way of knowing. Are you planning to contest the Will?
Jack
I requested copy of will, letters testamentary and estate account and firm will not provide them
WE NEED A LAWYER TO GET INTO SAFTY DEPOSIT BOX TO SEE IF DEED TO PROPERTY IS THERE AND RETRIEVE MONEY AND JEWELRYAND SELL HOUSE-WE HAD THE WILL REGESTERED/CERTIFIED IN PR COURT-COVID CLOSED THE COURTS AND WE HAD TO LEAVE BEFORE AIRPORTS CLOSED-WE CAN NO LONGER TRAVEL WANT TO SELL THE HOUSE... View More
answered on Aug 30, 2024
Please email us the details and information at bonnielawstonesq@gmail.com.
631-425-7299
My brother was given the house and contents in my step dads will. I was given 22.5 of the remaining estate, my brother 55% my daughter gets 22.5%. My step dad passed away over 2 years ago and the estate has been depleted by legal fees, a hold up in home repairs, and the $19,000 commission on a... View More
answered on Aug 30, 2024
In NYS, the executor commissions is typically paid out of the estate. An objection to the amount can be made when the accuracy of the estate accounting is questionable. You can retain your own attorney as an interested party if needed.
There are 2 properties where as the original owners have passed away. There is a daughter produced by the deceased couple. The father left a will. i need to find out the status of the estate
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My stepbrother is to get 50 percent of the money, Here’s the issue:
My stepdad owed taxes on property that was sold in 2017. My attorney told me that since the house was bequeathed to me, that I am responsible for the taxes, unless the other executor agrees to help pay.
He said... View More
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answered on Apr 5, 2024
When someone leaves a Will, the Executor must follow the instructions contained within. Normally debts are paid from the estate before distributions are made. I am confused about your statement that the house was sold in 2017 and property taxes are still due.
My father passed away 2 years ago, and did not leave a willing. My two older siblings and I have been paying the mortgage in his name. We are worried that if we do, the bank will take away the house, because its not in our name. What are your suggestions on this matter, how should I proceed and... View More
answered on Jan 29, 2024
First, pay the mortgage if you want the house. The bank will take money from anywhere. Just pay. To transfer title, subject to seeing the current deed, you are going to have to form an estate for your father, get Surrogate Court letters, and then do a deed to the three of you.
My father passed away in March of 2023 with $200k in the bank, his name only, no will. My mother passed away 5 months later with no money but several debts. I am currently administering my father's estate, but one of my mother's creditors insists that I am legally required to administer... View More
answered on Jan 16, 2024
If a decedent predeceased his spouse without a will, the spouse was a beneficiary of the decedent's estate and the spouse's share of any inheritance must pass through to that spouse.
My Dad passed away in 2021. When my Dad got sick, my stepmom completely cut communication as my Dad was completely reliant on her. I reached out to attempt to keep the communication going but she blocked me on phones, Facebook, and email as far as I can tell. I found out on Facebook my Dad died.... View More
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answered on Jan 13, 2024
If the photos were not specifically left to you by your father in a Will or Trust, the surviving spouse will have primary rights to household effects like family photos.
In the Will he states he had only 3 children and no other. He lived in Puerto Rico. I am in New York. My birth certificate has him listed as my father.
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answered on Jan 3, 2024
It sounds like the Probate is in PR. if so, then you will have to hire a PR attorney to contest the will in the Court it is filed for Probate. Look here on Justia.
I signed a retainer agreement to settle my father's estate. The estate consisted of a house and a small life insurance policy that was turned over to Nys unclaimed fund. The retainer agreement stated that it included assistance in asset collection and transfer of real property. The day that... View More
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answered on Nov 4, 2023
If you believe your attorney is charging you twice for the same service, it is important to address this concern directly. Review the initial retainer agreement closely to understand the scope of services included, particularly regarding asset collection and real estate transactions. If the... View More
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