Lawyers, Answer Questions  & Get Points Log In
New York Probate Questions & Answers
1 Answer | Asked in Probate for New York on
Q: My sister died without a will in NYC. I have given all of the necessary documents to lawyer working with administrator.

I have provided all necessary proof of kinship as the only sibling and there is nobody else to contest that I am the sole heir. I have no living relatives. However, I am being asked to prove that my sister never married or had children - which she did not. Will a professional genealogist report... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 3, 2022

You need a better lawyer. This is accomplished with an affidavit of heirship and does not require a genealogical search. Anyone who does this area of the law should know this.

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Grandparents pass uncle is executor $ goe to my uncle aunt my brother&I Unclaimed prop. is out uncle w not claim can I?
Tim Akpinar
Tim Akpinar
answered on Oct 1, 2022

Your question may have gone unnoticed in the Family Law category. The nature of what you describe is closer to Probate and Estate Planning than Family Law. Although there's no guarantee that all questions are picked up, you might have better chances of a response under the Probate and Estate... Read more »

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Should I sign a “receipt, release and waiver” prior to receiving the funds? (NYS)

I got a letter asking me to sign and have notarized a “Receipt, Release and Waiver” saying I received distribution from my mom’s estate. If I’m reading the legalese correctly, it also releases the executor from any liability. The letter instructs me to send this to the lawyer’s office to... Read more »

Michael David Siegel
Michael David Siegel
answered on Sep 26, 2022

It is standard. When you return it, say it is in escrow pending transmittal of the funds.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for New York on
Q: How do i get my name added to a deed. In Orange County NY

I am the administrator of my father's estate. My stepmother who predeceased him took out a mortgage in her name only. I cannot get any information on the loan until i get my name added to the deed. What is the quickest way for me to get this done. This information is needed urgently.

Tim Akpinar
Tim Akpinar
answered on Sep 21, 2022

You may be better off reposting under the "Real Estate" category. I'm sorry your question remains open for two weeks, given the urgency of the matter. It was probably overlooked under the "Government Contracts" heading. Some questions do go unanswered on this forum, but you... Read more »

1 Answer | Asked in Probate and Estate Planning for New York on
Q: Do distributions have to be made to all beneficiaries at the same time?

I was just told by my deceased mothers financial advisor that distribution from her accounts have to be made to all beneficiaries at the same time. We are talking about an IRA and a Brokerage account both of which have designated beneficiaries named.

Darlene  Pasieczny
Darlene Pasieczny
answered on Sep 1, 2022

This may be true. Generally speaking, brokerage firms and custodians of retirement accounts have contractual terms in the account agreement regarding the timing of distributions to named beneficiaries after the death of an account holder. Additionally, depending on state and federal law, and the... Read more »

2 Answers | Asked in Estate Planning and Probate for New York on
Q: My father died 7months before my mom and he wrote a will that he hand wrote and had it notarized and stamped.

My mom just passed 4 weeks ago. My father didn't sign the will even though he clearly wrote it. Is it a binding document and since my mom is gone also are my father's wishes valid. My mom left no final wishes in writing

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Aug 27, 2022

First, this is not a Family Law question. It is a wills and estates question. Having said that, a will is not notarized. It is witnessed by at least 2 witnesses and the witnesses' affidavit is notarized. Also wills are not supposed to be handwritten except in rare circumstances. So the... Read more »

View More Answers

1 Answer | Asked in Probate for New York on
Q: My mom passed 2019, no will. Court appointed brother executor , sold house 32,000 value was 101,000 still no money

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 ?

Jack Mevorach
Jack Mevorach
answered on Aug 19, 2022

Have a free telephone consultation with counsel.

Jack

3 Answers | Asked in Probate for New York on
Q: My mom passed 2019, no will. Court appointed brother executor , sold house 32,000 value was 101,000 still no money

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 ?

Elaine Shay
PREMIUM
Elaine Shay
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.

View More Answers

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for New York on
Q: I am the remainderman of a life estate. Should I have received any documentation (i.e. deed) after probate is done?

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... Read more »

Michael David Siegel
Michael David Siegel
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).

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Probate for New York on
Q: My Sister in Law and I are Tenants in Common. The house is filled with the personal property of original owner.

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.... Read more »

Jack Mevorach
Jack Mevorach
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

1 Answer | Asked in Probate and Real Estate Law for New York on
Q: I and my Sister in Law are Tenants in Common. House immediately passed to us outside of probate after my mother passed.

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... Read more »

Michael David Siegel
Michael David Siegel
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.

2 Answers | Asked in Estate Planning and Probate for New York on
Q: I am leaving my real property to my daughter. Can I provide any provision in my will or can she which would not allow

My son in law to inherit this property

Tim Akpinar
Tim Akpinar
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... Read more »

View More Answers

1 Answer | Asked in Probate for New York on
Q: Ask Written questions to individuals in a contested Will case.

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.

Gary Krim
Gary Krim
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...
Read more »

3 Answers | Asked in Estate Planning, Probate and Real Estate Law for New York on
Q: My mother passed away and had 4 children. What's the easiest process to get her house sold and have proceeds split?

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... Read more »

Jack Mevorach
Jack Mevorach
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

View More Answers

2 Answers | Asked in Real Estate Law and Probate for New York on
Q: Does Rights of Survivorship pertain to the property deed and/or recorded mortgage?

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?

Jack Mevorach
Jack Mevorach
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

View More Answers

2 Answers | Asked in Probate for New York on
Q: Brooklyn NY: I am contesting my brother's Will. Can a father and his son who are both attorney's witness the Will?

The father drafted the will.

Gary Krim
Gary Krim
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...
Read more »

View More Answers

2 Answers | Asked in Probate for New York on
Q: MY FATHER PASSED AWAY AND LEFT HIS ESTATE TO HIS WIFE AND 4 OF HIS CHILDREN. AFTER HIS DEATH THE WIFE CHANGED THE WILL.

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

Gary Krim
Gary Krim
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... Read more »

View More Answers

1 Answer | Asked in Probate for New York on
Q: My grandfather died and left a will. His wife is keeping everything secret to his only daughter and me the only grand.

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.

Gary Krim
Gary Krim
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...
Read more »

2 Answers | Asked in Real Estate Law and Probate for New York on
Q: MY FATHER RECENTLY DECEASED. HOW DO THE REMANING SIBLINGS HAVE THE RIGHT OF THE HOUSE.

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

Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz
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... Read more »

View More Answers

3 Answers | Asked in Estate Planning and Probate for New York on
Q: My mother and step-father (who are residents of NYS)own valuable real estate. If my mom passes away, do I have any

claim to her share of the property?

Gary Krim
Gary Krim
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...
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.