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My sister and I were both appointed cold power of attorney each being able to act independently two months before my mothers passing my sister sold her David Lerner stock and transfer the money into Her personal account we were both supposed to be 50-50 beneficiaries on this account do I have any... View More 
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answered on May 30, 2021
If your sister abused her power, whomever is appointed executor of the estate can go after her for the money taken. As for the probate of the Will, I’m not sure what you mean by probate date. COVID has slowed things down in some counties. But, not that significantly as long as you hire an... View More
My beloved father passed away in May of 2020 due to COVID and the house he owned was passed down to my two siblings and I. We all have a room full of personal items. We have all signed a document last year making my sister in charge I believe. I can’t quite remember exactly what the document was... View More
answered on May 12, 2021
Although your question is limited to the items in your room, the real issue seems to be about control of the property your mother previously owned. If your mother died without a will, her New York real property passes to her heirs, which would be her children if she was not survived by her spouse.... View More
My mom signed a paper saying that she wants me to have all items of hers left in the home. Because she gave the rest of her children what she wanted them to have when she was alive and knew that they would give me a hard time. How can I protect myself, I know they want to be spiteful because mom... View More
answered on May 10, 2021
No one can enter your home without consent. That being said, you may not be entitled ultimately to all items.
The decedent did not have any children of his own. He created a will in 1971 (NY) and it included his nieces and nephews at the time but additional nieces and nephews of the same family units already included in the will were born after 1971 and his will was never updated to include them. Are... View More
answered on Apr 30, 2021
It depends on the language and intent of the testator if the additional Nieces and nephews take.
The nominated executor retained a lawyer to manage the estate of the decedent 5 months prior to being approved as executor. What then is the duty of the executor if there is also a Probate Estate Manager?
answered on Apr 30, 2021
A nominated executor (named in the Will) or executor (appointed when Will is admitted to probate) should retain an attorney to assist them with the administration of the estate and legal affairs. The executor should be managing the assets such as collection the mail, providing information to the... View More
My father just found out he was beneficiary to half of the home. My father will probate the will, Is my uncles estate due the half share? There are no clauses in will regarding either heirs death when will is probated. No mention of their in-laws or estates. This is in NY.
answered on Apr 5, 2021
The will governs the disposition. The uncle's estate would be surcharged for rent for the seven years.
When my wife passed away she had credit card debt on cards that were only in her name. She also had life insurance for which I am the named beneficiary.
Can the companies make me use the life insurance proceeds to pay the credit card debts?
answered on Apr 2, 2021
The general answer is no. There is a legal theory called the doctrine of necessaries in which they could sue you for certain types of charges, but it never happens if the balances are regular. Take the insurance, report your wife's death, and only do something if they contact you.
My mother who is sick and has Alzheimer’s has a condo in Florida that isn’t being used. We live in NY. It is in the family trust. It is willed to my estranged sister after mom passes. The maintenance fees are 400 a month plus taxes, and I would rather use that money towards her care or save... View More
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answered on Mar 5, 2021
As Trustee, you have the power to administer the trust and the assets contained in it. The Trust agreement will dictate what you can and cannot do. The Trust agreement would need to be reviewed before a proper opinion could be provided.
Loan as well as the title. After closing the title will be ONLY ON MY DAUGHTERS NAME
Will my fiance kids (all married) claim the house when hes not around anymore?
answered on Feb 20, 2021
You could repost and add Real Estate, Probate, and Estate Planning as categories - those areas of law are closer to the issues you raise than the Family Law category is. Not every question is picked up, but you could have better chances there. Good luck
Tim Akpinar
I’m the executor. My brother passed away on 2/5. Is he still entitled? This is in NY.
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answered on Feb 14, 2021
The Will should indicate whether his heirs will inherit his share, assuming he has heirs. Since they passed so close to each other, there is often a provision in the Will regarding if a beneficiary is considered to have predeceased or survived your cousin.
Mom needed 24/7 monitoring, and frequent trips to Drs and treatment. I worked from home to care for her. She died in 2015 and now I must sell the house and split the proceeds with my sister who never visited or cared for mom. I also paid for new appliances, a front porch, a whole house generator... View More
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answered on Jan 16, 2021
You may be entitled to credits for the improvements. However, if you had no caregiver agreement while she was alive you would not be entitled to compensation.
Family member A has Family member B as beneficiary in their will. Family member A's financial advisor has Family member C as beneficiary. What entity take precedence upon death of Family member A's death?
answered on Jan 13, 2021
Generally, a Will only has power to dispose of assets owned by the decedent after death. Therefore, an asset such as an investment account that has specific instructions designating disposition of the asset upon death controls.
If a co op of a deceased persons estate is the type of co op which can only be handed back to the company and one can not sell it themselves or rent it themselves. Will the company be forced by the law to release all funds gotten from sale and allow the debts of the estate to be paid in order of... View More
answered on Jan 11, 2021
You will need to get Voluntary Letters of Administration to collect this asset, unless there is more to the estate. The funeral must be paid by someone, who will get reimbursed by the administrator.
My mother's will states that the estate will cover final expenses. I laid out the funds and my siblings reimbursed me their share of the cost. The estate has not reimbursed me for my share. (I have no idea if the estate paid them back). The attorney for the estate is trying to get me to... View More
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answered on Dec 27, 2020
If he is putting in writing that the estate is reimbursing you in exchange for a release, I don’t understand your hesitation. Do you believe you are owed anything more?
answered on Dec 3, 2020
The Office of the Public Administrator. As there is nothing in it for you, no reason to get involved.
answered on Dec 2, 2020
yes and no. YEs, but you can file an affidavit explaining the delay after a certain point. These are almost always sufficient to make deadlines unlimited.
I am a beneficiary for two properties. One of the properties I currently live in and the deed is half in my name. The other half is in my late relatives name. The second property I am owed half from the sale of the administrator. No wills were left from my late relatives. I went to mediation and... View More
answered on Dec 1, 2020
Did you go at this along, representing yourself? I need a lot more information before I can give you a better answer. There are too many what if's.
Is there a time period in which this must be done?
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answered on Dec 1, 2020
You must file a petition in Surrogates Court to be given power to probate the Will and administer the estate, which would include transferring the house.
The executor of the estate, who is also a beneficiary has removed "all" personal items of the decedent from the home. The executor was given the home in the will. The other two beneficiaries were not given an opportunity to go through any of their father's personal items, furniture,... View More
answered on Nov 23, 2020
Yes, they should sue. The Executor is not authorized on their own to do this. They should be communicating with the other beneficiaries. Yes, this certainly could be grounds to have them removed and replaced.
My mom passed over a year ago and we had the deed set up as joint tenants with right of survivorship. The title company just notified me there is no evidence of her passing since she was married and her death certificate states my step dads last name. Is there any way to avoid probate and prove to... View More
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answered on Nov 19, 2020
A copy of the marriage certificate should be sufficient proof of the name change. This would require communication with the title company to determine what else is concerning it.
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