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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 3
Do you have any New York Estate Litigation questions page 3 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

can i hire an atotnrey jus tto help me have an executor removed without being the offical atotrney of the estate

Answered 13 years ago by attorney Sharon M. Siegel   |   1 Answer
Absolutely.  In fact, that is how it has to be, as you are moving on your own, and not in the name of the estate.  The issue is where in the process is the estate, and what it the relationship of the executor to your uncle.
Absolutely.  In fact, that is how it has to be, as you are moving on your own, and not in the name of the estate.  The issue is where in... Read More

If a family member passes away, will I be kicked out of their home? I've lived here for 10 years.

Answered 13 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
You need to have them deed you the house, or give it to you in a will.  If you are not the owner after they pass, then the owner, be it your mother or whomever, can evict you in court like any other holdover tenant with no lease.
You need to have them deed you the house, or give it to you in a will.  If you are not the owner after they pass, then the owner, be it your... Read More

Does release of estate by beneficiary prevent suit of the closed guardianship that preceded the estate?

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
It's a multistep process. When and if the disgruntled releasor succeeds in having his release set aside, he can conduct discovery regarding the terminated guardianship -- although such discovery might be allowed even at this stage if the basis of the current suit is fraud. You state that it's "coercion," which generally means duress. No facts related to the closed guardianship would generally be relevant to prove duress.... Read More
It's a multistep process. When and if the disgruntled releasor succeeds in having his release set aside, he can conduct discovery regarding the... Read More

how can i find out if i am the beneficiary to a living trust after the writer is deceased?

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
That's a very difficult question. Living trust agreements are not required to be filed anywhere, and there is no legal requirement that anyone be notified that such an agreement has been executed. You might want to consult the grantor's close family members or attorney.  
That's a very difficult question. Living trust agreements are not required to be filed anywhere, and there is no legal requirement that anyone be... Read More

What type of lawyer do I need to hire?

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
You need an attorney who practices estate litigation.  
You need an attorney who practices estate litigation.  

Can I extend the filing of the REPORT AND ACCOUNT IN SETTLEMENT OF ESTATE UNDER SCPA ARTICLE 13?

Answered 13 years and 5 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
You can request an extension of time from the Administration Department of the Surrogate Court. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com
You can request an extension of time from the Administration Department of the Surrogate Court. Gerry Wendrovsky, Esq.- Upper West Side... Read More

The parent of three daughters has life use of property. One daughter deceased life user was only parent living. Is he entitled to her share of propert

Answered 13 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
I do not understand the question.  If the parent has a life estate and is still alive, they continue to have exclusive use.  If one remainderman dies during the life estate, what happens to her share will be determined by the way the deed is drafted, which I would need to see.  There is no legal presumption.  I could be any way.... Read More
I do not understand the question.  If the parent has a life estate and is still alive, they continue to have exclusive use.  If one... Read More

How do I file for probate?

Answered 14 years and 4 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
The problem will be in having 'standing'- as you are a minor, you cannot commence an estate proceeding. The court will likely refer the matter to the 'Public Administrator' of the county in which you live, who will bring such a proceeding. Gerry Wendrovsky, Esq. www.upperwestsidelawyer.com  ... Read More
The problem will be in having 'standing'- as you are a minor, you cannot commence an estate proceeding. The court will likely refer the matter to the... Read More

how can i file the lien against homeowner?

Answered 14 years and 4 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
There are specific time limits in which to file a 'mechanic's lien'. You should speak to counsel IMMEDIATELY, especially where you have spent so much time via email trying to get paid. Alternatively, if the time has expired to file a lien, you still have the option to bring a lawsuit, where upon being granted judgment, the judgment will also act as a form of 'lien' on the debtor's property. Gerry Wendrovsky, Esq.Upper West Side Lawyer www.upperwestsidelawyer.com    ... Read More
There are specific time limits in which to file a 'mechanic's lien'. You should speak to counsel IMMEDIATELY, especially where you have spent so much... Read More
Estate Litigation
New York

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