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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
Both parties have equal share of real property stated in will.
answered on Jan 19, 2022
The executor has the right and obligation to administer the estate which generally means selling the real property as soon as reasonable possible and appropriate. The executor must do what’s right for the estate and maximize the inheritance no matter who is the beneficiary.
I live in the house. Dad and Mom wanted only me to have house, not my brother, because I took care of them for over 10 years. There are no papers signed though for me to have it. My brother said you have to have his name on it also because they left no papers for me to have it.
Is this... View More
answered on Jan 10, 2022
Your brother is right. Children split equally if there is no will.
If an estate entering probate has substantially appreciated assets and also has debts, such that some assets must be sold to settle the debts, are the proceeds from the sale subject to capital gains against their original basis or their stepped-up basis from the date of death?
answered on Dec 3, 2021
There is estate tax (above a certain value) on the value of the estate. There is income tax to the fiduciary for income realized during the administration of the estate. If assets are sold at a profit, the gain is on the difference between the date of death value and the sale price, which is... View More
answered on Nov 7, 2021
A statute of limitations is the time limit on how long you have to bring a lawsuit. In a personal injury case the time limit is typically three years from the date of accident, but there are other shorter time periods that could apply.
A waiver of the statute of limitations is when a... View More
answered on Oct 27, 2021
There is no question to answer.
Revivals of causes of action are by statute. They are few and far between in NY; they are remedial legislation.
The waiver of a statute of limitations is rare, but does happen. These waivers are based upon an equitable principle whereby the... View More
Parents deceased. There seems to be no will or designated agent.
answered on Sep 22, 2021
Your question remains open for a week, and looks like it could involve Washington State law. There's no guarantee all questions are ultimately picked up on this board, but you could try reposting under Washington. Good luck
Tim Akpinar
been my permanent residence and i have two children who reside here and are registered to school here and have been since birth. the house was bought between my mom and dad, i have step siblings who have a diff mom, is there anyway they can take over this house through probate? my dad didn’t have... View More
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answered on Sep 5, 2021
When there is no Will, it is called Administration. But it works similarly to Probate. If an estate has not been established yet, one will probably be needed. If the house was in both their names and was bought when they were married, the survivor of the two would be 100% owner; your dad it... View More
My brother refuses to be involved in signing papers needed regarding my fathers estate. My mother’s bank accounts are frozen and they have a house in PR. Also my father sold his car to his brother in PR before dying but no title was signed my brother refuses to sign an affidavit giving up his... View More
answered on Aug 2, 2021
If a required family member will not sign waivers, the party seeking to file the Petition for Probate or Administration will be required to seek the service of Citations from the Court.
There is no surviving spouse. Can the IRS or any creditor place a lien on the deceased property prior to filing for Probate? What responsibility does the executor have under those circumstances?
answered on Jul 6, 2021
You must do probate to transfer the property. Claims from the IRS and others will get adjudicated in the probate. If there are large tax debts, the property might need to be sold to pay them. The executor would have personal liability for transferring property in the face of unpaid debt.
answered on Jul 1, 2021
These are actually two forms. There is a waiver and consent, and a renunciation. A waiver and consent applies to the petition filed. If you sign, the petition will be granted. Renunciation is when a named fiduciary in a will does not want to act, and resigns.
The house is left equally to all heirs, to be sold and cash distrusted.
The will notes all house hold items are to be equally divided. If we are in disagreement, the the executor can devises a system of distribution of the house hold items.. if there is still a disagreement, then the... View More
answered on Jun 25, 2021
The executor is responsible for the administration of the estate. Thus, the executor can prohibit entry to the house if there are concerns that something will be taken without permission. If the item has a monetary value it should be paid for even if it’s an heir that wants the item so the... View More
B (NY, died in 2017) left her estate in a 1961 will to two sisters; A (NY) and M (FL). The two sisters predeceased B. Beneficiaries to A's estate are her two children (NY & MA). Living beneficiaries to M's estate are her & B's brother, P (CA), and a niece, M (FL).
answered on Jun 21, 2021
The answer will depend on what the will says. If the will has no "back up" people to receive the inheritance if the people listed as first choice have passed away, the inheritance will likely go to B's heirs by law. You should make an appointment with a probate attorney and have the... View More
Used both money but everything is my husband's name he passed away my money paid down payment the house we bought deed in his name now our killer kid trying to sell it .I m 71yr panic attack fears sleep less
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answered on Jun 10, 2021
You can try to make a claim in his probate case but it is going to be an uphill battle because that claim should have already been resolved in the divorce. An attorney needs to review all of the facts plus your divorce decree to help you determine whether it would be worthwhile for you to pursue.... View More
In February 2021 my sibling asked me to sign a waiver of process consent to probate form. I didn't want to sign it. I asked for a copy of the will and was denied. She and her brother said if I don't sign it the court was going to take the house. She said my brother signed the same waiver... View More
answered on Jun 8, 2021
It is very hard to revoke a consent. From the post you were not coerced. You just did not seek good legal advice.
will reads I leave my estate to my children, if any, who survive me in equal shares, per stirpes - have received two different answers for what this means - the first lawyer I talked with stated that the estate would be divided between the three alive children and then the fourth share would be... View More
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answered on Jun 7, 2021
Since it conditions it upon surviving the maker of the Will, it would be be divided among the living children with no share will be given to the children of any child not living at the time of the maker's death. Per stirpes is inconsistent with the "who survive me" wording. That... View More
Lawyers will not talk to me or return my calls. It has been 3 years is there something legally I can do?
answered on Jun 2, 2021
If you know the will says you get it, bring a petition to compel distribution. While not a form, this is basic work.
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