Estate Litigation Legal Questions

You should have a talk with your mother about creating a durable power of attorney which would allow you to act on her behalf. A power of attorney is an instrument that authorizes an agent to act on behalf of an adult person. For more information, please go here: http://texasguardianship.org/guardianship-information/guardianship-alternatives/ This is a much more cost-effective way of managing your mother's affairs than a guardianship proceeding. Once you get the POA for your mother, make sure to have it filed in the real property records of the county where the house is located so that the public is on notice that you (or whoever she appoints) has the right to transfer interest in her real property. ... Read More

You can make application to the court to have the executor removed, or demand an accounting that the attorney will have to comply with.   If you have communicated with the attorney, and there is no reason why the assets cannot be distributed, you should file with the probate court get the person removed. ... Read More

If the Will is silent as to the sale of the house and there are no restrictions, then you must comply with the state law.   In New York, you are required to collect, sell, pay all liabilties of the Estate and then make distribution to the parties per the Will.  The Charity can make an application seeking your removal for your failure to comply with NY State law unless you have a written agreement with all the parties regarding distriubtion.   ... Read More

The Will is the governing document and will trump a separate writing. That said, a Will oftentimes contains a clause that refers to a separate writing where the testator (the one making the Will) leaves certain items of personal property to designated persons. This writing, however, is not binding on the personal representative (i.e., executor) of the Will.  ... 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 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

In the absence of a court order dividing this property, you and your ex-husband's estate are co-owners (i.e., tenants in common) with respect to the property. This means that the beneficiaries of your ex-husband's estate (his heirs) now own the share of the property that you do not. See an attorney to discuss the situation.... Read More

Insurance proceeds pass in acccordance with the beneficiary designation made under the policy and filed with the insurance company. Unless the policy is payable by its terms to the estate (i.e., the policy names the "estate" as the beneficiary), the proceeds are not part of the probate estate and do not pass under the will. Thus, the executors have no claim on them. There is nothing for you to do except collect the proceds from the insurance carrier -- you deal with the insurance company, not the executors or their attorney.... Read More

every state has different laws. in my state, PA, and more specifically in my county,when there are creditors, you need to close formally, through court , by filing an account for audit. the judge will ask if the creditor has been notified and if you can prove that they were served with a copy of the account and given sufficient notice, their claim will be dismissed if they don't appear in court for the audit. you might try to call the creditor and if they will not pursue the claim, send them a letter confirming so.... 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 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