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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 - Page 2
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Estate Litigation
New York

Recent Legal Answers

can a beneficiary that is a mior of an irrevocable trust ge given money for living exspences

Answered 9 years and 10 months ago by attorney Gina-Marie Lobraico-Reitano   |   1 Answer
Yes, you can make a motion to seek distribution.  The bank is abusing its authority so you might even be able to get the bank removed as Trustee.
Yes, you can make a motion to seek distribution.  The bank is abusing its authority so you might even be able to get the bank removed as Trustee.

How to cash in Series EE savings bonds left in your father-in-laws name.

Answered 10 years and 3 months ago by Alice Jakyung Choi (Unclaimed Profile)   |   1 Answer
If the value of the Series EE savings bonds are higher than $30K, your wife should file a petition to the court requesting to be appointed as the administrator of her father's estate.  She will have to give notice to the sister living out west.  Once she is appointed as the administrator, she will have the authority to liquidate the bonds. If the value is lower than 30K, then she should file for small estates proceeding.... Read More
If the value of the Series EE savings bonds are higher than $30K, your wife should file a petition to the court requesting to be appointed as the... Read More

Unclaimed funds of $80,000 with NY state from uncle who passed away 14 years ago - had one sibling my father passed away a few years ago.

Answered 10 years and 7 months ago by Alice Jakyung Choi (Unclaimed Profile)   |   1 Answer
Hi Joseph, Was there a Will?  If not, you need to receive letters of administration from the Court.  Afterwards, you would need to file a bond then give the Offices of Unclaimed Funds the copies of the Letters of Administration and the Bond.  I currently have a similar case and the money that was held with the office was more than $300,000.00.  We did not know at first because they did not disclose the value of the without us getting the letters of administration.  Hope this helps but if not, you can reach me at achoi@novicklawgroup.com.  Thank you.... Read More
Hi Joseph, Was there a Will?  If not, you need to receive letters of administration from the Court.  Afterwards, you would need to file a... Read More

My father in law has been deceased for several years. My mother in law recently deceased. I am a widow of their only son. What are my rights?

Answered 11 years and 9 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
The answer depends on whether either in-law had a will and what the document(s) provided. If there was no will, then upon the mother-in-law's death, her estate would likely pass by operation of law to her siblings, and if none, then to her nieces/nephews. Gerry Wendrovsky, Esq.- Upper West Side Estate Lawyer www.upperwestsidelawyer.com... Read More
The answer depends on whether either in-law had a will and what the document(s) provided. If there was no will, then upon the mother-in-law's death,... Read More

Are there grounds for a case against my landlord when the apartment I rented is next to a construction site making extremely loud noises?

Answered 11 years and 9 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
You have valid claims against both the landlord and the offending noisemakers. A construction zone has limits as to the times that work may proceed and the resultant noise; the violation of those limits creates a nuisance. The claim as against the landlord is based upon a statutory 'warranty of habitability'. Unfortunately, the cases are expensive to prosecute, and are becoming more common, with a body of caselaw that has developed in recent years. You should consult with a qualified attorney. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com... Read More
You have valid claims against both the landlord and the offending noisemakers. A construction zone has limits as to the times that work may... Read More

I have lived in my parents house since 1990 my children r now 22and 23 .my parents died in 2004 I am still living here

Answered 12 years and 2 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
If your sisters are willing to  let you live there and pay the expenses of the house, fine. However, if they were to go to court, it is quite likely that a time would come that the house would be sold and you would no longer be able to reside there. You should consult with qualified counsel, as depending on the facts, there are several ways to deal with this problem. Gerry Wendrovsky, Esq.- Upper West Side Estate Lawyer www.upperwestsidelawyer.com... Read More
If your sisters are willing to  let you live there and pay the expenses of the house, fine. However, if they were to go to court, it is quite... Read More

Can I sue my sister for not fulfilling her duties as executrix?

Answered 12 years and 2 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
All these questions, are they are unresolved, are reasonable for you to ask. There are various proceedings that you can commence in the Surrogate Court, towards compelling your sister to account and/or distribute the assets. However, before embarking on litigation, it would be extremely worthwhile to first, consult with qualified estate counsel and determine a strategy. Gerry Wendrovsky, Esq.- Upper West Side Estate Lawyer www.upperwestsidelawyer.com... Read More
All these questions, are they are unresolved, are reasonable for you to ask. There are various proceedings that you can commence in the Surrogate... Read More

how can i give my inheritance check to my daughter?

Answered 12 years and 3 months ago by attorney William R. Pelger   |   1 Answer
Once you inherit, you can do whatever you want with the money, as it is yours. make sure the estate paid the inheritance tax. If they did not you may be giving your daughter a gift that is subject to inheritance tax. If not paid, it will accumulate interest and penalties.
Once you inherit, you can do whatever you want with the money, as it is yours. make sure the estate paid the inheritance tax. If they did not you may... Read More

Can an item once a gift from a deceased be regifted to the deceased's family and bypass the estate?

Answered 12 years and 3 months ago by attorney William R. Pelger   |   1 Answer
I would ask a local NY lawyer. As far as i can tell, once the deceased gave it to you, it was yours. You can give it to whomever you want. Only if you give it to his estate would estate issues arise. 
I would ask a local NY lawyer. As far as i can tell, once the deceased gave it to you, it was yours. You can give it to whomever you want. Only if... Read More

What can a landlord to when a tenant dies in the apartment and next of kin refused to pick up property

Answered 12 years and 3 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
Your parents will likely have to commence a proceeding in Surrogate Court, in the county of the apartment, to obtain Letters of Administration, to gain access to the apartment and dispose of the property. Gerry Wendrovsky, Esq.- Upper West Side Estate Lawyer www.upperwestsidelawyer.com
Your parents will likely have to commence a proceeding in Surrogate Court, in the county of the apartment, to obtain Letters of Administration, to... Read More

Schroon lake New York

Answered 12 years and 5 months ago by attorney William R. Pelger   |   1 Answer
If the part owner has title to sell or give away, he can do what he wishes-devise ownership or a life estate to someone else. You need to have a local NY laywer look at the deed. 
If the part owner has title to sell or give away, he can do what he wishes-devise ownership or a life estate to someone else. You need to have a... Read More

If there is not enough money in an estate to satisfy all individuals named, how do you proceed with distributing the funds?

Answered 12 years and 5 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
If there are insufficient funds, then the distribution will be a proportional amount of the estate plan. Gerry Wendrovsky, Esq.,- Upper West Side Estates Lawyer www.upperwestsidelawyer.com
If there are insufficient funds, then the distribution will be a proportional amount of the estate plan. Gerry Wendrovsky, Esq.,- Upper West Side... Read More

How to settle an intestate estate in NY easily and inexpensively.

Answered 12 years and 8 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
One or more of the adult children has to apply for Letters of Administration. While you say 'easily and inexpensively', there is no such thing, as there are court filing fees, transfer taxes, and other expenses and taxes that will arise during an estate proceeding and the adminstration of the estate. Unfortunately, there is no roadmap on how to do this. I suggest you consult with and retain a qualified attorney familiar with this process. Gerry Wendrovsky, Esq.- Upper West Side Estate Lawyer www.upperwestsidelawyer.com... Read More
One or more of the adult children has to apply for Letters of Administration. While you say 'easily and inexpensively', there is no such thing, as... Read More

do i receive my deceased fathers A part of the trust fund

Answered 12 years and 8 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
This will depend on the wording of the trust agreement. You should have this reviewed by a qualified estate attorney. Gerry Wendrovsky, Esq.- Upper West Side Estate Lawyer www.upperwestsidelawyer.com
This will depend on the wording of the trust agreement. You should have this reviewed by a qualified estate attorney. Gerry Wendrovsky, Esq.- Upper... Read More

after i file an estate affadavit what comes next

Answered 12 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
You cannot personally be responsible for the bills.  But, if there are assets, the bills need to be paid before  you collect money.
You cannot personally be responsible for the bills.  But, if there are assets, the bills need to be paid before  you collect money.

What happens to my moms estate because of her medical debt?

Answered 12 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
You should not be penny wise and pound foolish about this.  If the estate has equity, which is value of the apartment above the mortgage, then the creditors can bring a proceeding to sell the property to pay the debt.  The longer you leave title in your name, the more likely there are problems.  Is it a co-op or condo?  If a co-op there are likely rules on how long you have to change the title, or be evicted.  Call a lawyer.  I am not sure what you have been quoted, but there is work to do.... Read More
You should not be penny wise and pound foolish about this.  If the estate has equity, which is value of the apartment above the mortgage, then... Read More

How do I fight for my Father's properties without him having a will?

Answered 12 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
The issues you speak about are all handled by what the documents say.  If there was no legal marriage, then there may be issues.  But, if both had wills, then the wills govern, and the marriage issue is less relevant.  Personal property like firearms is hard to trace.  Thus, you need to move quickly to assert any rights.... Read More
The issues you speak about are all handled by what the documents say.  If there was no legal marriage, then there may be issues.  But, if... Read More

executrix

Answered 12 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
No.  This happens all the time.  It is not even an issue.
No.  This happens all the time.  It is not even an issue.

when a person signs over their house to another person, but establishes a 'life estate', who owns the property?

Answered 12 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
"Owns" is not the right word.  It means ownership is split.  While the life tenant is alive, they have exclusive rights to occupy the property, and the responsibility to manage it and pay expneses.  When they die, those rights go to the remainderman.
"Owns" is not the right word.  It means ownership is split.  While the life tenant is alive, they have exclusive rights to occupy the... Read More

How do I distribute the estate and am I entitled to compensation for acting in this capacity?

Answered 12 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
This is not being done right.  If your aunt died a New York domicilliary, you need an NY estate.  The court will give you powers to go to Italy.  What is a legal consultant?  Sounds fishy to me.  Your right to commissions in a New York estate is governed by statute.  You cannot just take money.... Read More
This is not being done right.  If your aunt died a New York domicilliary, you need an NY estate.  The court will give you powers to go to... Read More

How can I negotiate signing off my share of a plumbing company with the family of the deceased "owner"?

Answered 12 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
Get a lawyer.  This arrangement was illegal, and there could be other lurking problems.  As CEO, she is legally personally responsible for taxes, unpaid wages, and many other claims that could exist.
Get a lawyer.  This arrangement was illegal, and there could be other lurking problems.  As CEO, she is legally personally responsible for... Read More

My Uncle did not give my Dad his equal share of my grandfathers inheritance

Answered 12 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
No.  Honestly, given what happened with the value of real estate, the cash might have been a better deal.
No.  Honestly, given what happened with the value of real estate, the cash might have been a better deal.

Where is my Mother's money/estate?

Answered 12 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
Maybe, or maybe not.  Check the Surrogate's Court in Queens to see if there is a file.  If not, it is too late to check the banks.  You waited 12 years.  Way too long.
Maybe, or maybe not.  Check the Surrogate's Court in Queens to see if there is a file.  If not, it is too late to check the banks. ... Read More

My husband got a house given to him is it considered marital property?

Answered 12 years and 10 months ago by attorney Hilary B. Miller   |   1 Answer
No, it's not anybody's property other than your father-in-law's unless and until he dies. It's is not part of your marital estate and cannot be disposed of by you or your husband. After your father-in-law dies, the house will become your husband's property. It will not be "marital " property under New York law, but rather "separate" property, because it will have been acquired by inheritance.... Read More
No, it's not anybody's property other than your father-in-law's unless and until he dies. It's is not part of your marital estate and cannot be... Read More

Do my stepsiblings have a right to my moms house?

Answered 13 years ago by attorney Sharon M. Siegel   |   1 Answer
If no one did, file to be the estate administrator of your stepfather.  If his kids did so, your mom needs to appear in that estate, and assert a claim.  The divorce decree will govern this, and it sounds as if your mom did not get the best deal there.  She needs to be proactive.  If the facts are bad, she could ultimately be forced to buy out the other half owner (the estate) or move out and get half the sale proceeds.... Read More
If no one did, file to be the estate administrator of your stepfather.  If his kids did so, your mom needs to appear in that estate, and assert... Read More
Estate Litigation
New York

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