Her son, my cousin has blocked me from communications. He had a brother he passed away and his son (deceased brother) is incarcerated. The bank of the property is willing to allow me to action on the property if i provide letters of administration; my mother and i had paid for the funeral costs and... Read more »
Mother had $78K credit card debt with $48K to one bank. Daughter has lived in home and was supported by mother for 15+ years. Daughter has no job and no assets. Can the bank force her to sell the home and become homeless? Daughter is not underage or disabled.
My Aunt Margie died in 2015. She had three siblings; Tommy, Richie and John. Tommy was my dad and he passed in 2009. My Uncle Richie passed away in 2007 and also has two children. My Uncle John is still alive and my family and I don't speak to him. I was told by a friend that I should be entitled... Read more »
It depends if there was a will or not. And, if the money passed by a beneficiary designation or is in the estate. If an estate proceeding is opened, you should get notice. Or, you can call the clerk and see if one was filed.
My estranged uncle is petitioning to become the administrators of, first, his mother's estate (my step-grandmother), and then, second, his father's estate (my biological grandfather), essentially double dipping. My uncle had two sisters (my mother and aunt, both deceased). My mother had two... Read more »
My grandfather died in 1994. He had three children (two daughters with his first wife, my grandmother, and one son with his second wife, my step-grandmother). Both wives have died. Both daughters have died. My mother had two children (both alive). My aunt had three children (two alive). My... Read more »
It does appear that you might be an intestate heir because your mother (grandfather's daughter) has died. Therefore, you have an interest in the estate. Therefore, you have standing to petition to be appointed personal representative of your grandfather's estate. Do not delay. If your uncle has...Read more »
$135,000 child support default . He hid his business, etc. His Mom died in 2016 with a Nassau County Will and its still open- leaving him as one of her beneficarie.s He died after her in 2018without a will Her house just sold. I filed papers in Nassau Supreme Court, so my mother in laws attny is... Read more »
Neither attorney is fully right and both are part right. You cannot do this yourself. File a claim in the ex mother in law's estate to buy time. Then get an order from the Supreme Court as the second lawyer said. Also, child support enforcement can help you. Contact the Family Court to get...Read more »
My grandparents had mirrored wills and trusts. My grandfather passed several years ago, and my grandmother was the trustee and executor of my grandfather's estate. They had both signed a Joint Waiver of Agreement, a legally binding document whereby they relinquished the right to contest the... Read more »
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.
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.