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New York Estate Litigation Legal Questions

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59 legal questions have been posted about estate litigation by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
New York Estate Litigation Questions & Legal Answers
Do you have any New York Estate Litigation questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 59 previously answered New York Estate Litigation questions.
Estate Litigation
New York

Recent Legal Answers

Life estate deed holder (but does not own property) no longer at residence, partition house now without their signature?

Answered 8 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer
There is no debate on this.  Life estate means life.  If she is alive but in a nursing home, she still owns the life estate.
There is no debate on this.  Life estate means life.  If she is alive but in a nursing home, she still owns the life estate.

I need to know if I inherit house and am on social services will it be taken away?

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   2 Answers
The short answer is yes.  The long answer is that there are trust devices you can use to get the house and keep your benefits.  It must be done exactly right, but our firm does this all of the time.  Your father must do careful planning.
The short answer is yes.  The long answer is that there are trust devices you can use to get the house and keep your benefits.  It must be... Read More

What type of lawyer do I need to correct a forged will that conveyed property upon death

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
If the will was probated, and you had notice at the time, the type of lawyer is a bad one as you have no case.  To undo probate you have to have standing, which means you must benefit from the undoing of the will.  There are statute of limitations issues.  The procedural history here is key.... Read More
If the will was probated, and you had notice at the time, the type of lawyer is a bad one as you have no case.  To undo probate you have to have... Read More

Canadian Executor for NY state relative needs help

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   2 Answers
The biggest issue in all of this is whether you have the original will.  Without it, you will have problems.  If you have the original, or know where it is, you do not need the draftsman.  Any lawyer practicing in this area will help.  Like you would for any professional, like a plumber or auto mechanic, interview multiple people, and get comfortable with the fees charged and the results promised.... Read More
The biggest issue in all of this is whether you have the original will.  Without it, you will have problems.  If you have the original, or... Read More

Can the POA of my mom sue me for inheriting dad's money

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
You are asking two questions.  First, a POA, assuming all powers are given, can bring a suit for the principal.  So, you can likely be sued.  The suit you outline appears not to be a winner, and you should win.
You are asking two questions.  First, a POA, assuming all powers are given, can bring a suit for the principal.  So, you can likely be... Read More

my brother died 7/3/17 without immediate family. we need an estate lawyer

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
There are many of us to choose from.  Call around. 
There are many of us to choose from.  Call around. 

Dad died his girl friend try to take everything

Answered 8 years and 10 months ago by attorney Lori Nevias   |   1 Answer
You need to hire a lawyer to look into this right away to fIle a petition for letters of administration. Your can still be appointed administrator of your fathers estate even though you lIve out of state. Every day that goes by will make it more difficult to prove what your father had, what the girlfriend took, and to get it back.... Read More
You need to hire a lawyer to look into this right away to fIle a petition for letters of administration. Your can still be appointed administrator of... Read More

Dad died his girl friend try to take everything

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   2 Answers
Notify all banks of the death and that your father was not married.  You need to become fiduciary of the estate to get the assets by filing for letters.  If accounts were joint or the girlfriend was a beneficiary, she may get the proceeds.
Notify all banks of the death and that your father was not married.  You need to become fiduciary of the estate to get the assets by filing for... Read More

The old will got probated not the new will

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
You can actually still probate the later will.  The problem will be recovering the property distributed under the old one.
You can actually still probate the later will.  The problem will be recovering the property distributed under the old one.

My dad passed 2014 with approximately one million dollar estate. Recently found out about a will with my name on it.

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
You need to file the will with the court and petition to have it probated.
You need to file the will with the court and petition to have it probated.

How do I file objections to the Executor's Full Accounting?

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
When the court issues a citation to approve the accounting, you file objections, which are a pleading filed with the court in a certain form.
When the court issues a citation to approve the accounting, you file objections, which are a pleading filed with the court in a certain form.

no will filed

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
No.  Unless you were adopted by her, you have no right to the estate. 
No.  Unless you were adopted by her, you have no right to the estate. 

Estate Succesion for a property in NYC

Answered 8 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer
You should have brought an ancillary proceeding in New York when your father died.  You do not say how long has passed.  However, if your father owned the property individually, your mother and your sister and you would have each had an interest in the house.  To know what to do now it depends how the property is now titled, and what the documents say.... Read More
You should have brought an ancillary proceeding in New York when your father died.  You do not say how long has passed.  However, if your... Read More

NY state resident dies in 1997. No NY estate tax was paid. What are the NY statutes of limitations.

Answered 8 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer
It depends if the estate was closed.  Most estates in NY remain open forever, so you would need to do an accounting to close the estate and show no tax due.
It depends if the estate was closed.  Most estates in NY remain open forever, so you would need to do an accounting to close the estate and show... Read More

Im a beneficiary of an estate in New York State where the Will and Trust were drafted. I reside in Florida.

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
It depends on the type of trust and the manner you received the accounting.  If it is a testamentary trust and/or it is a court ordered accounting, you will recieve a citation to approve it in court, and you must object by then.
It depends on the type of trust and the manner you received the accounting.  If it is a testamentary trust and/or it is a court ordered... Read More

What to do if Lawyer do not respond for a month?

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
Your option is to fire the lawyer or continue with the lawyer.  While non-responsiveness is an ethical violation, filing an ethics grievance will only cause the lawyer to withdraw from the case, and you may not win the grievance.
Your option is to fire the lawyer or continue with the lawyer.  While non-responsiveness is an ethical violation, filing an ethics grievance... Read More

I need to force my sister , who is the executrix of our mothers estate , to provide me with an accounting of the estate.

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
It is a petition you need to file in Surrogate's Court.  We do them all the time.  No problem.
It is a petition you need to file in Surrogate's Court.  We do them all the time.  No problem.

My mother died and I am in the will am I entitled to see the asset sheet and how long before the will should be probated

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
There is no time limit on probate.  The probate petition, when filed, will contain a list of assets.  Call the executor and ask.
There is no time limit on probate.  The probate petition, when filed, will contain a list of assets.  Call the executor and ask.

Brother in law died his mother lent house to his wife do his children have any legal claim to grandmother house

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
It depends who owns the house.  You call it his house and grandmother's house, so it is unclear which estate you are referring to and who owns the house.
It depends who owns the house.  You call it his house and grandmother's house, so it is unclear which estate you are referring to and who owns... Read More

I need to collect some money that was left to me by my step dad. Can't collect. No death cert. Cant get cert. not his biological son.

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
If the money was "left for you" it would be in your name in unclaimed funds.  If it is in his name, then you cannot get it unless you are his estate representative.  Thus, I question how you think or know money was "left for you".  As a stepson, you will not be able to do this without jumping through some hoops. ... Read More
If the money was "left for you" it would be in your name in unclaimed funds.  If it is in his name, then you cannot get it unless you are his... Read More

What can I do if mom left the home to split between me an two siblings but the executor refuses to sell

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
There is a certain petition to file in the estate proceeding in Surrogate's Court.  This happens all the time.
There is a certain petition to file in the estate proceeding in Surrogate's Court.  This happens all the time.

Is this really the way it works?

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
It could be true, but someone would have to look at the title report, and the will.  It sounds like the house was left to people in the will, and not demanded to be sold under the will.  If so, that is true.
It could be true, but someone would have to look at the title report, and the will.  It sounds like the house was left to people in the will,... Read More

How do I find out how my father's will was dispersed?

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
Call the clerk of the surrogates court in the county he died in, and see if a will was probated.  If your step mom did it right, however, she added her name to everything before he died, so no will was needed.
Call the clerk of the surrogates court in the county he died in, and see if a will was probated.  If your step mom did it right, however, she... Read More

My Boyfriend and I have been living together for over 15 years in the home he purchased. My name is not on the deed or the mortgage.

Answered 9 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
This is a very valid concern.  Your boyfriend can make a will leaving you the house.
This is a very valid concern.  Your boyfriend can make a will leaving you the house.

What do I do about my brother who is the executor of my mother's will and has yet done anything with it. My mother died 9/16/14. She didn't leave much

Answered 9 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
How do you know there is a will?  You should file an administration proceeding, which gives you half.  That will smoke him out to file the will.  If he does nothing, you will be in charge and can do whatever you want and you will get half of the assets.  If he files the will, then you can get the court to order things.... Read More
How do you know there is a will?  You should file an administration proceeding, which gives you half.  That will smoke him out to file the... Read More
Estate Litigation
New York

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