note stating they can't take care of the home expenses and was giving the house to me fast forward to 2018 my mom passed away in January and in February a deed transfer was made taking my mom off the deed and adding myself along with my dad to the deed in April another deed transfer was made... Read more »
These cases turn on the facts. You must answer it and not default. The fact the deeds were done by a lawyer and notarized helps, as long as those people will testify for you. However, you are years away from that issue. For now, you just need to respond. The manner of the response depends on...Read more »
This lawyer did parents estate when mom had dementia put her on medicaid for $. Then sibling gets excess income I have to pay, created accounts w mom as joint, refused to pay me back, I couldnt object no lawyer, really want them all caught but no help but need to know my future I have mom and... Read more »
"When such beneficiary reaches the age of 24 years the principle then remaining and any accumulated income shall be paid over to the beneficiary." What does the above mean regarding the inheritance of a trust? ie. is this trust being passed on OUTRIGHT AND FREE OF TRUST?" Does the... Read more »
First, this is not a "Family Law" question. It is an estates question. However, any lawyer would need to see the entire trust to interpret it. What you are describing appears to be a final distribution of an asset, meaning it would no longer be governed by the trust, but, ahgain, that is...Read more »
Father passed away from Covid in April, he left a handwritten will which stated that my Uncle was the beneficiary of his bank account, and he was to distribute the money equally between My mother , my brother and myself. My father has left a business and since we trusted my uncle would do the right... Read more »
This should be posted in the Estates and Trusts section. However, in general, since your father died in NY, NY has jurisdiction. In NY, a handwritten will is not usually legal. You would have to start a proceeding in the Surrogates court where your father resided. As part of that proceeding,...Read more »
If your daughter is the only heir, then the birth certificate is usually enough. If the court appointed a guardian for unknown heirs or someone is challenging, then you may need more proof. As you did not state where you are in the proceedings, I cannot give better advice.
If you are listed as a joint owner I don't understand why you are not being given access. However, I suggest that you file for a small estate for voluntary administration based upon the assets you are aware of. Once you are empowered by the Court, you can certainly get access to the safe...Read more »
I live in Georgia and she lived in New York. I am the Executor of the will if appointed voluntary administrator is that all I need to carry out duties as Executor and will I be able to access banking info and have access to her apartment.
Part true and part not true. The co-op can be left as provided in the will -- i.e, titled in all four of you. The problem with this provision is that the co-op has the right to approve any transfer like a sale. In short, the transferee needs to be approved like any regular buyer. As some co-ops...Read more »
The trial began months ago w.the other side rested but due to Covid-19, put on hold. During the pandemic, I lost my job and attorney who got Covid-19. Pre-trial, he filed a MTD 3211 on estoppel based on a sister-state's trial they lost on same matter, but other side lied saying it was not on... Read more »
I would not do this by yourself. You should hire an attorney. CPLR 4401 usually relates to the evidence presented at trial. CPLR 3212 is a motion for summary judgment, asking the court for judgment based upon the law. If you previously moved for the relief requested a motion to renew or reargue may...Read more »
Unless the attorney is the executor or administrator there would be little reason for the attorney to be holding money in escrow , except possibly in connection with the sale of real property. In any event, provided the terms of an escrow agreement mandate the release of funds, it is simply the...Read more »
my great aunt left a will naming nieces and nephews.
only my mother's immediate family - two brothers and sisters were in close contact and took active care of her. i.e shopping. hospitalizations from repeated falls, helping her walk and treating her infections.
Anti-lapse statute in NY allows children of named beneficiaries to receive gifts. Since the deceased beneficiaries died without children it doesn’t apply. Most properly drafted Will address that contingency. An attorney would have to see the Will to properly advise in this case.
my mom died and 2 long time family friends got power of attorney before her passing. they got POA when she was already sick with dementia this was done without me knowing. they put her in a nursing home without me know and wouldn't tell me where she was until she was there a month and a half.... Read more »
My grandmother told me in confidence that she had a will and left nothing to my father because she didn’t want the wife getting anything. It’s been a couple weeks and I’ve heard nothing about it. I asked family that were close to her but one gave me a weird bs answer and my dad made it seem... Read more »
This news had been kept from me since 2010. The terms of the IRA (part of the trust) have been changed. The terms of an irrevocable trust have also been changed. The family attorney (Welch & Zink, of Corning, NY) no longer represents the family in favor of ". . . a close friendship with... Read more »
This is not a family law question, it should be posted in the trusts and estates section. In addition, you should discuss that any lawyer the issue of the "family" attorney who now only represents your brother as there may be a conflict depending on the circumstances and facts.
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