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He emptied her bank account. Paid taxes late making fines, harassed beneficiaries, no record of accounting may 2021 house sold 1/3 value he never has assessor come in., what can husband and daughter do now ?
answered on Aug 19, 2022
Based upon your description you may have claims against the brother for breach of his fiduciary duties as executor. To assess how best to move forward, you should give serious consideration to meeting with a local attorney to review your situation in detail and decide how to proceed.
Grandfather passed away a few months ago and gave a life estate to my aunt who lives in the home. She is also the executor of his will. I am a remainderman. Now that probate is complete, should I have received anything that says I own an interest in the home? Or it is simply passed on to me upon my... View More 
answered on Aug 17, 2022
There should be a recorded deed with you as remainderman, and aunt with life estate. Ask the lawyer for a copy, or you need to go to the County Clerk (if Suffolk Co., which is where you posted from).
This house passed to us immediately upon the death of the Life Tenant - outside if probate. An Executor or Adminstrator has not yet been appointed by the Surrogates Court. The personal property contained within the house must eventually be distributed to the beneficiaries in the former owners will.... View More
answered on Aug 9, 2022
I wouldn't. The house should be secured by the fiduciary and then the personal property can be inventoried.
Jack
I am also awaiting the Surrogates Court appointment as the Voluntary Administrator of her Small Estate (I am the named Executor in her will). Its been two months - courts seem backlogged - and can provide no estimates to this appointment - so I can't distribute property to beneficiaries yet. I... View More
answered on Aug 9, 2022
If she has joint title with you, she gets equal access. Thus, you cannot prevent her entry. If there are personal items to secure, remove them to another location. Unless the items are titled in some way, no one can ever determine who owns what.
My son in law to inherit this property
answered on Jul 30, 2022
It looks like your question went unnoticed for almost a week under this general heading. You could repost and add "Probate" and "Estate Planning" as categories. There's no guarantee that every question is ultimately picked up here, but you might have better chances of a... View More
My brother died in 2020 and left his estate to unrelated individual. I would like to present certain individuals with a list of questions that they would be required to answer.
answered on Jul 25, 2022
If you have not contested the Will and the Will has been admitted to probate, you are probably unable to require them to answer questions.
If you are contesting the Will then you are able to ask certain questions and get some discovery, relating to the Will contest. If the contest is... View More
The house is in her name, her live-in boyfriend has a few bills in his name but not on the house.
She did NOT have a will.
The house is in semi-okay condition. It needs a lot of work. I would like to know how/when I should get the process started for putting her house on the market... View More
answered on Jul 2, 2022
A proceeding must be filed in Surrogate's Court to have an Administrator appointed as fiduciary of the estate. The Administrator can have the house sold and divide the proceeds.
Regarding the sale of the house, Have a free telephone consultation with counsel.
Jack
Two people listed on the recorded mortgage but only one of them on the recorded property deed. What weight, if any, does the other (not on recorded deed) on the mortgage have in regards to ownership of the property?
answered on Jun 27, 2022
Rights of survivorship are generally applicable to deeds, whether by tenancy by the entirety or joint tenants with rights of survivorship. Ancillary Promissory Notes and Mortgages would need to be analyzed independently.
Jack
The father drafted the will.
answered on Jun 17, 2022
If they are beneficiaries, then that can create a problem for each, the father more so then for the son.
If there are at least two disinterested witnesses to the Will then both father and son would receive the benefits under the Will.
Otherwise, while the Will might be valid, any... View More
SHE made a will leaving my dads estate and a settlement from his job to her adopted daughter and boyfriend. is this legal. I am the Executor and oldest daughter, what are my rights
answered on Jun 8, 2022
To best answer your question one would have to read your father's Will. For example, if your father's Will created a trust for your father's wife funded by all his assets with her getting the income for life and on her death, the assets pass to you and your siblings, then it is... View More
Since we live in the Caribbean no one is telling us anything. My mother would like to know what was left for her so we just want some help what we can do before his wife do as she please.
answered on May 23, 2022
Because your grandfather left a Will, it has to be probated by the court if he had assets that require probate. You as the grandson have no direct stake in the estate.
As you describe it, your mother would have to be named in the section of the probate petition naming all people with an... View More
THE DEED IS IN BOTH MY MOMS AND DADS. THE KIDS ARE NOT ON THE DEED. HOW DO WE PROCEED WITH THE CHANGE OF DEED WITH THE CHILDREN NAME ON IT IN CASE OF MOTHER PASSES AWAY. HOW DO WE INSURED THAT THE PROPERTY IS RIGHTFULLY OURS
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answered on May 19, 2022
If the property was acquired by your parents during their marriage, it was probably owned as a “tenancy by the entirety”. That means when your father died, your mother was automatically 100% owner. There are several options to make sure it goes to the kids upon her death. She can sign a new... View More
claim to her share of the property?
answered on May 9, 2022
It depends on a number of things:
1. What title on the property is - if you are on title then you have a claim to at least part of the property
2. Does you mother have a Will naming you a beneficiary - if there is a Will and you are not named as a beneficiary then assuming the Will... View More
Kind .all she has is a small joint checking account of 13,000 dollars. It is in her name and my name her daughter and I am executor of her will . Do I need to file probate or can I just close the joint account with proof of her death . There is no home or property or assets of any other kind . Ty... View More
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answered on May 4, 2022
If you are a joint owner it is your account as much as it was hers. No need to probate her will.
The property is owned by a three member LLC with 5%, 15%, and 85% distribution. Upon death of the member with 5%, what happens to the property? Does his wife have a say in what happens with the property? Does she get any benefits from the property? Can she make decisions on the property? If the... View More
answered on Apr 6, 2022
Depends on the operating agreement. If truly silent, the shares pass to the estate.
answered on Mar 14, 2022
In New York State a notary public is not required for a will but two witnesses are. Since all formalities must be properly completed or a will to be accepted to probate, I strongly suggest that you have a lawyer prepare and supervise the execution of your will instead of DIY.
Two people are named, 1 to recieve 50%, the 2nd 30%, but the other 20 is not mentioned in the will. The 1st 2 people however are fully aware of what the wishes were for the remaining amount, due to many verbal conversations prior to death,and in agreement of it. It just is not there. The 1st person... View More
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answered on Mar 13, 2022
Your question appears to be about a Will. A living will something different. However, usually if percentages fall short of the full amount, any mention of the residuary means whatever is left. See if the Will mentions “residuary” or “residual”.
I have received a copy of the will and athe paperwork of how everything is to be divided.
But I also requested an accounting twice and have not received anything showing the accounting of aunt's will or anything to sign. Aunt passed away almost 3 years ago. What can I do? They are in... View More
answered on Feb 28, 2022
You may compel an accounting 7 months after the appointment of a fiduciary and admitting the Will to probate. The accounting would also force the estate to distribute the funds. You do not need to be in NY but retain the services of an attorney who practices in NY. Our clients who have... View More
Out of 7 children and my grandmother, my aunt is the only living child. 24 grandchildren, including her children are living. Under the previous law, who would have been executor of estate and rightful heir? Under new law, I read that we all are. One cousin lives there for years. My aunt claimed... View More
answered on Feb 27, 2022
The state where a decedent lived at the time of his/her death determines which law applies for the determining distribution of estate assets. In New York, if there is not a will that provides for a different distribution the order of inheritance is outlined at this link:... View More
The insurance company asked for paperwork about the deceased primary care physician and hospital stays at time of death, which was provided multiple times. They insisted the facility had no records of deceased, however when we placed the call to the facility, that was clearly not the case and they... View More
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answered on Feb 23, 2022
It sounds like the life insurance company might have given up (a bit prematurely perhaps) and decided to go ahead and escheat the life insurance proceeds to the state. Go to this website for the New York unclaimed funds department and look for the name of the life insurance beneficiary:... View More
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