Get free answers to your Probate legal questions from lawyers in your area.
The deceased was originally from New York. Only assets in the estate are a condo in the Puerto Rico is mentioned in the last will and testament. In which court should a probate be held? In which Surrogates court should a probate be held? Which city? County in New York or in local court Puerto Rico?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2023
Estate proceedings are brought in state and county of decedent’s residence. If there is a Will, it is brought as a probate proceeding. If there is no Will, it is an administration proceeding. Once the court appoints a fiduciary for the estate in New York, an additional (ancillary) proceeding can... View More 
purchase an investment property in New york. There was a signed mortgage note for the loan. The note states the loan is subject to the laws of New York. In 2014 my sister learned of the loan and coerced mom to requesting repayment. The building was sold and mom accepted $100K, had the attorney... View More
answered on Jan 8, 2023
Your sister very much has a claim. Given a lawyer was involved, this was very sloppy all around. An interest in real estate can only be altered with a writing. You have none. The mortgage remains of record.
My elderly mother sold her house in 2019 to move a few miles so she'd be closer to my sister. My brother in law (a CPA) put the proceeds from the sale (>$100K) in a bank account in my nephew's name to hide the $ from the govt in case Mom went into a nursing home. He then bought a house... View More
answered on Jan 4, 2023
In the absence of some agreement regarding the proceeds of the sale of your mother's house, I generally agree with attorney Siegel. Based upon the fact pattern you described, your brother's house is your brother's house and your mother having lived there does not make it hers nor... View More
His daughter has already taking things from his house and said because they didn't talk for 5 years or more she said she is taking all his things to sell or bring to Florida. This includes his motorcycle he was leaving for his grandson. How do I stop this from happening
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2023
That is a real bummer, but when someone dies without a will, then state law determines who inherits. If your friend died unmarried but with one or more living children, typically the children inherit. Even though the daughter might not be strictly following the proper legal process, chances are... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 13, 2022
The question you have presented does not appear to be a legal one. What reason do you have for withholding pictures of their deceased mother?
My friend is a nursing home resident who has been receiving Medicaid to help pay for her care. Her brother passed away and his home health aide (HHA) has filed a purported will in a NY Surrogates Court. Its signing was not supervised by an attorney, no self-proving affidavit was completed, one of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 11, 2022
Let me understand what you are asking. Your friend's brother passed away leaving, what may possibly be an invalid or fraudulent Will. It was submitted to the court by his health aide who, I assume, was named the Executor. Your friend objected to the aide's appointment. You want to now... View More
Can I get the form from your office?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 10, 2022
If you want the forms, they are available to the public at:
http://ww2.nycourts.gov/forms/surrogates/smallestate.shtml
You can find a notary fairly easily if you want to do it all yourself. Otherwise, many attorneys who practice in the area of probate and administration can prepare... View More
This info. needed asap.
answered on Dec 10, 2022
It could be difficult for attorneys to suggest general case law relevant to your given situation based on the brief description here. You could await a response, but given the short timelines for appeals, you could also consider reaching out to attorneys who practice in the area(s) of law involving... View More
The property is in Brooklyn . My father was the only person on the mortgage. When I was added to his deed , I was recorded as the Administrator. I only found out recently that I needed court papers to become an Administrator, which is what I am trying to do now. I don’t know why I was ever... View More
answered on Nov 30, 2022
The lender does not find an administrator; rather the lender needs to obtain jurisdiction over whoever is vested with title to the property the lender is seeking to foreclose by substituting and serving them with process.
Before my father died , I was incorrectly added to the deed , “As Administrator” . I have been working on obtaining Letters . The court appointed Administrator waived his rights as Admin and consented to allow me to become the Administrator. I am now waiting for the Court to issue me Letters... View More
answered on Nov 30, 2022
It would be helpful to know where the property is, but generally a foreclosing lender will have the ability to substitute a party in the case of the death of a mortgagor/defendant. Other relevant factors that would be helpful to know are whether the decedent owned the property solely or with a... View More
answered on Nov 9, 2022
You cannot produce something you do not have. You would need to respond to the petition with an appropriate response.
In New York, can you have Transfer On Death Beneficiary designation in the LLC Operating Agreement to avoid Probate of LLC membership interest?
Please note that the LLC holds Real Estate and I understand that real estate Cannot be transferred on Death in New York and New York only allows... View More
answered on Oct 28, 2022
Absolutely the operating agreement can provide for transfer on death to a specific person, which would avoid probate of that interest.
The decedent passed in 2010 with a single townhouse as an asset. The executor (50% bene.) spent only four months trying to sell it and later rented in until 2018 when it was sold for $205K. The beneficiary (50% bene.) turned 21 in July 2022 and has just been informed (3 months later) that his... View More
answered on Oct 19, 2022
Short answer is no. Without an accounting proceeding how do you know there was wrongdoing? The expense of the accounting is borne by the estate off the top, not your son's half. And, if there was wrongdoing, the executor can be surcharged a penalty for the wrongdoing. Asking for an... View More
If a named executor is filing for probate ,can a named beneficiary compel production of the will
answered on Oct 5, 2022
Yes. There is a petition to do just that. Not a form per se, but a form.
I have provided all necessary proof of kinship as the only sibling and there is nobody else to contest that I am the sole heir. I have no living relatives. However, I am being asked to prove that my sister never married or had children - which she did not. Will a professional genealogist report... View More
answered on Oct 3, 2022
You need a better lawyer. This is accomplished with an affidavit of heirship and does not require a genealogical search. Anyone who does this area of the law should know this.
answered on Oct 1, 2022
Your question may have gone unnoticed in the Family Law category. The nature of what you describe is closer to Probate and Estate Planning than Family Law. Although there's no guarantee that all questions are picked up, you might have better chances of a response under the Probate and Estate... View More
I got a letter asking me to sign and have notarized a “Receipt, Release and Waiver” saying I received distribution from my mom’s estate. If I’m reading the legalese correctly, it also releases the executor from any liability. The letter instructs me to send this to the lawyer’s office to... View More
answered on Sep 26, 2022
It is standard. When you return it, say it is in escrow pending transmittal of the funds.
I am the administrator of my father's estate. My stepmother who predeceased him took out a mortgage in her name only. I cannot get any information on the loan until i get my name added to the deed. What is the quickest way for me to get this done. This information is needed urgently.
answered on Sep 21, 2022
You may be better off reposting under the "Real Estate" category. I'm sorry your question remains open for two weeks, given the urgency of the matter. It was probably overlooked under the "Government Contracts" heading. Some questions do go unanswered on this forum, but you... View More
I was just told by my deceased mothers financial advisor that distribution from her accounts have to be made to all beneficiaries at the same time. We are talking about an IRA and a Brokerage account both of which have designated beneficiaries named.
answered on Sep 1, 2022
This may be true. Generally speaking, brokerage firms and custodians of retirement accounts have contractual terms in the account agreement regarding the timing of distributions to named beneficiaries after the death of an account holder. Additionally, depending on state and federal law, and the... View More
My mom just passed 4 weeks ago. My father didn't sign the will even though he clearly wrote it. Is it a binding document and since my mom is gone also are my father's wishes valid. My mom left no final wishes in writing
answered on Aug 27, 2022
First, this is not a Family Law question. It is a wills and estates question. Having said that, a will is not notarized. It is witnessed by at least 2 witnesses and the witnesses' affidavit is notarized. Also wills are not supposed to be handwritten except in rare circumstances. So the... 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.
