Yes. But as the forms are different, I would change the health care proxy so NY hospitals do not give problems. Also, as state law differs, if the estate is large enough, change may be warranted for NY law if that is where maker of will resides now.
A family member passed away without a will leaving his wife and adult children. His name was on the deed for their home. His wife applied for and received letters of administration. Does she need to use an administrator’s deed to transfer the property to herself? If she does, would she only... Read more »
Yes. An Administrator’s Deed is the correct instrument for the transfer. Transfer taxes may not be required If there is no consideration for the transfer. However, if the property has a mortgage, relief of the mortgage obligation is consideration.
Actually, my sister stole my Mom's latest paperwork out of house about 6 months ago, and is using an old will (I haven't seen it) which she says calls her executor, though circumstances are vastly different now. She hasn't filed the estate, lives in Kentucky, and took a bunch of my Mom's stuff... Read more »
The common law wife was previously his legal wife but they divorced; the other daughter is theirs. I'm currently in New York, he lived in Texas. I do not know if he had a will, or what is "estate" consists of and am not sure I will be considered when everything is reviewed. What are my rights?
If he left a Will that would control. If not, Texas law will dictate who is a beneficiary of the estate. If they divorced she might not be considered a common law wife. You should consult a Texas estate attorney to determine what your next steps should be.
She has not had the will shown to her nor seen what bills need to be paid, what has been paid. He wants to sell the house and the contents. Should she get her own lawyer to make sure he is doing nothing underhand? He had been in trouble years ago for ripping off a client.
I couldn't find the house deed. My lawyer's P.L. said they could for $500. I eventually paid $10 for an official copy at town hall. I'm still not sure how to change the title, I don't understand the included instructions. My lawyer said he could help. I've paid them approx $9-12K for both our wills... Read more »
There is no way any attorney in this forum can answer your question without reviewing your various engagement letters with your NY attorney because the answer depends entirely on the scope of those engagements and the fees quoted.
I'm the executor of Mother's estate + not in good shape to tackle this or pay to have it done. She died on Nov 4, 2018. I would say it's very unlikely she'd owed taxes, considering expenses from her long illness from Mar 2018 till her Nov 2018 death; all her MDW's were made on IRA's, etc. and she... Read more »
My brother is deceased. No living parents, spouse or children. All siblings except one are living. Probate lawyer is telling us we must find and contact an estranged niece. Is this true? It is hiolding up probate process.
The trust generally spells out what happens when the maker passes away. I assume you father in law was the maker and your husband was the trustee. If no successor trustee is named in the trust, a petition will need to be brought in Court to appoint a trustee. If your kids are not beneficiaries of...Read more »
I cannot afford a lawyer, I want to Kno if any lawyers do any pro bono cases. For my children's sake, I need to get the deed transferred to my name, for the mortgage company, so I have a chance at saving the house, so we don't become homeless. If someone is willing to help me, I can work out a... Read more »
Unfortunately, adoption or not, a person has the legal right to leave his estate to whomever he wishes. The only limitation is that if the testator is married, in New York, a certain percentage of the estate must be left to the wife.
I had a revised will drawn up. I asked the attorney if I should give a copy to my executor. I was told not to give him a copy and to put the one I had in a safe place and let the executor know where it was. It seems to me that the executor should get a copy.
Was I entitled to receive interest accrued on top of that amount? He says no. Due to a legal issue I had with the Executrix. She changed my aunt's will after her husband died in 2005 giving herself 50% of the assets instead of 8.33% she and I were both to receive on a $1.2 million estate.... Read more »
My father died intestate in NY, small estate (>$50K), my mom (his wife) did not want to be administrator so I am doing it (his daughter). Father had 3 vehicles, one of which is a NY registered vehicle physically located in another state. Father was very clear on his desire to gift this vehicle to... Read more »
My mom and my dad sold the house they owned together in NY and bought a house together (theyre both on the mortgage) in Florida in ~2013. My dad has never lived in the house, he stayed in New York with his mom. My parents separated but stayed legally married. My brother moved to FL with my mom. My... Read more »
Under NY law, I don't see that you have any case against your father. You can try to bring an action to be appointed the guardian of his property if he is incapable of making decisions, but that is a long process and if your father is able to make rational decisions you will loose. You can try...Read more »
Your question is confusing. Probate means a will. Heirs receive stuff, so their will is generally not relevant. "Diciest" is unclear. Without understanding the facts, contacting heirs is the first thing an attorney does when hired, so the answer is no time.
Attorneys are not obligated to accept any client or any work. However, if it is shown that their refusal is illegal discrimination they are subject to all potential civil and administrative penalties. In this case, there does not appear to be such discrimination. If the attorney has taken your...Read more »
My husband was awarded administrator of his fathers estate. My father-in-Law was not married and my husband is his only child. The estate has a mobile home on 1/2 acre of land. Final bills keep rolling in and we are trying to hold the property. Can we rent the property to help pay the final bills?
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