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

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.

If your aunts inherited the property, they would generally have the right to sell the property. However, the sale of the property does not result in your immediate eviction. Instead, as a tenant or an occupant in possession of the property for more than 30 days, the owners of the property would... View More

If the decedent has no children or spouse the Court requires an affidavit of Heirship. Sometimes the attorney draftsman will take information directly from the testator now the decedent and he can provide a supporting affidavit. Your attorney should submit an affidavit of Heirship if someone can... View More

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

Yes, all necessary heirs per EPTL must be listed. They must submit a Waiver or you will be required to serve them with a Citation that will summons them to Court on the return within the required time depending on their residency and where you serve them. Once service of the citation is complete... View More

If your aunt has no Will and wants to make one, it is up to her to decide how where her estate should go, free of any undue influence which might jeopardize the validity of the Will. This assumes she is competent to make a Will. If she is not competent to make Will, or has already passed, then all... View More

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

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.

It depends whether the nursing center had a judgment against your father before he died. If so, a judgment entered in the same county as the property would form a lien on the property which would survive a change in ownership (such as that occurred upon his death). Since your sister would be the... View More

Have a free telephone consultation with counsel.

Jack

If you had a medical malpractice lawsuit as a minor, the Court would have had to approve any settlement and would have issued an Infant Compromise Order. The Infant Compromise Order would have directed the settlement proceeds to be deposited in a bank account held jointly by an officer of the bank... View More

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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answered on Mar 10, 2023

Surrogate Court Procedure Act (SCPA) Sec. 1401 authorizes a proceeding to compel anyone who has custody of the original Will to produce it. If you are a spouse, parent, child, or sibling of the deceased, you are eligible to receive a copy of the death certificate if one has been issued. You would... View More

If you did not sign a note, you would not be personally liable. However, if the note is secured by a mortgage, the ownership interest of whoever executed the mortgage would be encumbered by the mortgage lien.

Based on the facts you indicated, your mother’s share would be subject to the... View More

Questions about Estate matters are controlled by the law of the State where the decedent resided at the time of death. Therefore, although you may live in New York, your question is better directed to attorneys practicing in the State of your late sister's residence.

Can you petition Surrogate's Court to terminate your guardianship? Yes. Under New York's Mental Hygiene Law § 81.35, the incapacitated person can commence a proceeding to remove his or her guardian. Will you be successful on your own? Unlikely. You'd be better off retaining... View More

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answered on Feb 16, 2023

If Clare was added to Deed as a joint tenant, she was entitled to 100% when your dad passed away. If she is listed as a tenant in common with your dad, you may be entitled to something.

The expenses of the estate are paid from Estate assets. The expenses associated with the property before it is transferred to the beneficiary are generally the Estate's responsiblity and not those of an individual beneficiary. The language of the Will may provide more guidance.

The fiduciary of the estate can order a duplicate title and then sign it over to you.