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 The family attorney (Welch & Zink, of Corning, NY) no longer represents the family in favor of ".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.
It doesn't matter that the will wasn't changed, the will is effective as the date of death as to what is in John's possession at that time. Since the stamps were no longer John's for whatever reason, the bequest is like it never was.
family album pictures saved over the years are now in possession of nieces and nephews. as the sole survivor of my family, do I have a legal right to these pictures, many of which I have only a memory about. And if so, what could I do to get them back? Included from memory are pictures of my... Read more »
The question is who had the pictures originally. If it was your parents then you may be entitled to them, if the pictures were in someone else's possession and was given by them to the nieces & nephews then you have no claim. The best thing to do is ask for copies of the pictures be made for you.
I'm sorry your post remains open for three weeks. At this point, you could try reaching out to Probate - Estate Planning attorneys here on this site, or ones you find through your own searches to see if it is possible to arrange a free initial consult to briefly discuss the matter. Good luck...Read more »
Can I file his taxes or should I leave it alone? Is it legal for me to do it since he is married. He never gave consent for any specific individual to file taxes as we were in the process of doing so while he was diagnosed with cancer. Rapid divorce was not as rapid as his diagnosis unfortunately... Read more »
Only his estate representative can file his taxes. The wife is due the first $50,000 of his estate unless he had a will, so unless the refund is more and there are other assets, there is no need to do it.
Need clarification about who must file for probate following a relative's death. Relative in question has multiple children and one of the children is named executor of will. However, I want to know if any beneficiaries in the will can initiate probate.
Generally, the individual named as executor files the Petition to probate the Estate with the Surrogate's Court. If the Executor fails to act in a timely manner, a beneficiary may instead be entitled to file.
My father passed away March 17, 2018. He placed my brother and I as the beneficiaries to his NYCERS pension. My stepmother is fighting it, trying to get her elective share which we are ok with, we recently got a letter from her lawyer with a title notice of settlement granting elective share.
A notice of settlement is a proposed court order to be entered after a court hearing. You shoud have been noticed of a hearing. It may be nothing other than granting what you agreed to anyway, but only a lawyer seeing the paperwork could know. Has NYSERS held the money or do you have it?
My father recently passed away in New York we believe without a will. At least we have not been able to locate one. He left a considerable estate to which myself and my sister are the only airs. We were wondering what we need to do next he had several CDs in three local banks to which total almost... Read more »
You must petition the Surrogates Court for Letters of Administration in order to be given the power to collect and distribute assets. If you are not going to be present in NY you should retain an attorney to assist you.
His only brother died before him a week ago and left my uncle his property and assets. All his siblings are dead. Niece and nephew, the only surviving children of his siblings, want to know who has right to assets. The niece took care of my uncle prior to his death and has her name on his bank... Read more »
This is an estate question not Family Law. There are many variables here. One question is who passed first your uncle or his brother. If uncle died first his brother's estate may not come to your uncle - it depends on what the will says. In most cases, it would provide that if uncle died...Read more »
My father's eldest and last surviving brother, passed away in December of 2016, leaving behind a property & bank accounts, which have gone unclaimed. I helped my Dad find a Lawyer who, was paid a retainer of nearly $3000 but, did nothing for which he was paid -- in fact, he has ignored my... Read more »
As a first step, you could contact an attorney in Puerto Rico who handles Estate Matters. You could also repost your question under Puerto Rico (follow the link that says "Show More States.") There are attorneys who practice in Puerto Rico who are active on this Q & A board. You could...Read more »
Long story short she moved to Fl to be closer to my brother ( he lived there at the time) and for the weather. Moms health isn’t always the best. He took a job and moved to VA about 2 years later. He handed he major investments, he did some foolish things with her money, “ he “bailed”her... Read more »
If he owned the property he must have a deed. I assume you mean he does not have a will. Was he married at the time of his death? An estate action must be filed for intestate succession to determine the inheritence rights. Depending upon where he died, someone need to file the papers there and in...Read more »
My father was declared brain dead on Jan 9th, and passed away on Jan 24th. His girlfriend has made 2 withdrawals using ATM, one of which weeks after death. The DA said that it's not illegal if he gave her permission; but, how can he give permission if dead? They are not married. He died... Read more »
If you are working together, I would do the Executor's deed but just to your sister. Memorialize your deal. It is important to do it right. Real estate title is really critical to get right. When you sell or refinance, there may be no way to cheaply correct errors.
As I am executor of my brother's estate, my mother asked to have the estate's only property partitioned. My mother and sister-in-law are both beneficiaries and they aren't getting along. The property is pre-marital property that was in my brother's name only and he willed the... Read more »
In this situation, as you describe it, your responsibility as an Executor is to transfer the property to your mother and sister-in-law and that is it. Let either one of them sue the other for partition since they are having the dispute.
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