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
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
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.
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, 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
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.
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
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.
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
Can I reimburse myself prior to filing his estate taxes?
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.
Also passed . There's 6 mores children and 1 more that passed. So 5 living . How do we claim the money
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
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
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
I’m entering into probate with my 25 year old domestic partnership who died from sickness. Sisters want nothing to do with him
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.
Probate the will to move forward? Lawsuit is over $350K
The third has verbally agreed but has not signed letter naming the successor trustee.
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.
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.