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New York Probate Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: My stepbrother and I are Executors of our parents estate. I am to get the house which is paid for & 25% of money.

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

Benjamin Z. Katz
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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.

1 Answer | Asked in Probate for New York on
Q: father passed away 2 years, no living will, ive been paying mortgage, havent notified bank, worried i'll lose the house.

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

Michael David Siegel
Michael David Siegel
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.

2 Answers | Asked in Estate Planning and Probate for New York on
Q: Am I legally required to administer my mother's estate if she died owing money?

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

Elaine Shay
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Elaine Shay
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.

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1 Answer | Asked in Estate Planning, Family Law and Probate for New York on
Q: Do I have any rights to my childhood photos that my stepmom has?

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

Benjamin Z. Katz
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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.

1 Answer | Asked in Probate for New York on
Q: My parent died and left me out of the Will. How does one go about contesting the Will?

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.

Anthony M. Avery
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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.

1 Answer | Asked in Family Law, Real Estate Law, Elder Law and Probate for New York on
Q: This is a situation where a veteran at 68, was a live in caregiver for an 84-year-old who recently died intestate.

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

Jack Mevorach
Jack Mevorach
answered on Oct 19, 2023

A proceeding will need to be commenced in Surrogate's Court.

Ja k

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Will -Beneficiaries cannot be located. Is their part held for them and will the money be frozen for all beneficiaries?

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

Michael David Siegel
Michael David Siegel
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.

1 Answer | Asked in Probate for New York on
Q: I have a will from my dad thst states I’m to get 100,000. If there’s liquid asserts or all liquid assets if less then

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

Jack Mevorach
Jack Mevorach
answered on Aug 30, 2023

Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Probate and Real Estate Law for New York on
Q: Can probate happen 60yrs after death? Is there a process to determine land ownership in PR? What of multiple heirs?

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

Steven Warren Smollens
Steven Warren Smollens
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.

2 Answers | Asked in Family Law and Probate for New York on
Q: Can my mom just cut me out of my parents will? she has POA over my dad. Will has not changed for 20 years.mom is abuse

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

Howard E. Knispel
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Howard E. Knispel
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.

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1 Answer | Asked in Probate for New York on
Q: I am an Beneficiary of a will and received a receipt and reward letter but i do not agree with the accounting.

I have proof based upon emails and texts

Jack Mevorach
Jack Mevorach
answered on Jun 28, 2023

You can petition the court for an accounting.

Jack

1 Answer | Asked in Estate Planning and Probate for New York on
Q: How do I go about contesting my grandfathers will?

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.

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for New York on
Q: My grandmother in Loisa, Puerto Rico passed away leaving her house and property to me and my two brothers.

How do I give my aunt who resides in PR permission to send me my portion of the sell of the estate.

Jack Mevorach
Jack Mevorach
answered on Jun 18, 2023

You may need a Puerto Rican attorney. Have a free telephone consultation with New York counsel.

Jack

1 Answer | Asked in Probate for New York on
Q: What if any grounds does one have not to comply with an order requesting production of a will, in New York .
Michael David Siegel
Michael David Siegel
answered on Jun 9, 2023

One must comply with a court order, or face contempt.

1 Answer | Asked in Estate Planning, Family Law, Tax Law and Probate for New York on
Q: I am my father's estate administrator. How and when can I be reimbursed for admin costs?

Can I reimburse myself prior to filing his estate taxes?

Michael David Siegel
Michael David Siegel
answered on Jun 8, 2023

You can reimburse yourself as you go, but the disbursements are not approved and subject to clawback until you have a final accounting approved, or waivers from all parties. Your lawyer should know this. If you do not have one, and money is tight, it might be a good idea to have a lawyer.

1 Answer | Asked in Estate Planning and Probate for New York on
Q: My mother passed away in sc no will no estate nothing but a life insurance policy of 25,000. Left to my brother who also

Also passed . There's 6 mores children and 1 more that passed. So 5 living . How do we claim the money

Tim Akpinar
Tim Akpinar
answered on May 9, 2023

This is posted under Insurance, and while it is an insurance matter, attorneys in the Probate and Estate Planning categories might have better insight here. That may be why the question remains open for over a week. Some questions do go unanswered, but you might have better chances of a response in... View More

1 Answer | Asked in Estate Planning and Probate for New York on
Q: What entitlements does my mom have?

Hello I live in New York City. My mother and father have been legally married for 30 years. My dad brought the house I live in now way before he married my mom and before me and my siblings were born. My dad recently had a stroke and is in rehab right now. My dad has the deed to the house but my... View More

Tim Akpinar
Tim Akpinar
answered on Apr 19, 2023

I'm sorry your question remains open for three weeks. This may be something that's closer to the "Probate" and "Estate Planning" categories than it is to Family Law, where the question was originally posted. You could repost under those categories. Some questions do go... View More

2 Answers | Asked in Probate for New York on
Q: I am wondering if you handle a well that was written back in 2013. How would I probate this and how much time do I have?

I’m entering into probate with my 25 year old domestic partnership who died from sickness. Sisters want nothing to do with him

Michael David Siegel
Michael David Siegel
answered on Apr 12, 2023

The age of the will is irrelevant. You have unlimited time to probate, but if the sisters come in and say there is no will, they can take the property from you. So, file the will ASAP so you stake your claim.

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1 Answer | Asked in Estate Planning and Probate for New York on
Q: No property, father had a will. Passed away in Nassau County but lived in Queens. suing for more than $350 do we need to

Probate the will to move forward? Lawsuit is over $350K

Jack Mevorach
Jack Mevorach
answered on Mar 24, 2023

Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Estate Planning and Probate for New York on
Q: The executors for sister declined. There are 3 remaining sisters who are the beneficiaries. Two have agreed. Ok?

The third has verbally agreed but has not signed letter naming the successor trustee.

Michael David Siegel
Michael David Siegel
answered on Mar 16, 2023

There are forms for all of this. Not an unusual situation. If someone is not willing to sign the form, a citation must be issued upon a petition.

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