Estate Litigation Legal Questions

A check made payable to an estate can only be cashed in an estate checking account. If an estate has been established, then an account can be opened with a bank. The bank will usually require letters of authority from the court showing that the individual has been appointed the administrator or executor. Please be advised that the above answer is for information purposes only and is not intended to create an attorney client relationship.... 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 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

It depends on the community.  Some will allow the house to stay in the name of the estate.  Some will not.  If you are married, and you spouse is age 55, they will allow you to put both names on the property.  i think the main concern is children under the age of 18 living in the house.  Some of the communities in Ocean county have waved the requirements because of the need for housing after the hurricane.  You should check with the homeowner's association of the community.... Read More

The commission statute is the following: 3B:18-14. Corpus commissions  Commissions on all corpus received by the fiduciary may be taken as follows: 5% on the first $200,000 of all corpus received by the fiduciary; 3.5% on the excess over $200,000 up to $1,000,000; 2% on the excess over $1,000,000;  and 1% of all corpus for each additional fiduciary provided that no one fiduciary shall be entitled to any greater commission than that which would be allowed if there were but one fiduciary involved.  ... Read More

This is a surprisingly difficult question. As a general matter, when each of two persons has an interest in property, their names should be conjoined ("and") because each has a simultaneous interest in the property. This is a rule that is honored more in the breach than in the observance with respect to bank accounts, however, because people -- including bankers -- often think not in terms of who "owns" the property but rather in terms of who is entitled to withdraw it. With a "joint" bank account, either one "or" the other joint depositor may withdraw the funds, but both of them own the funds until they are withdrawn. With respect to personal property for which there is registered title, such as cars and airplanes, the use of "and" is almost always appropriate, together with some indication of the manner in which title is held (such as "joint tenants" or "tenants in common" -- although that's a lesson for another day).... 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 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

You are misinformed. A power of attorney is granted by a living person during his or her lifetime, and it terminates automatically at death. The only way to dispose of a decedent's property is with a court order obtained through probate (or, in the absence of a will, intestate administration) proceedings. Your best bet for achieving this is to contact an attorney.... 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 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

Without a will, the decedent's estate will pass according to Florida intestacy laws. The answer to who gets the assets of the estate depends on whether the decedent was survived by a spouse, and whether that spouse was also the parent of the children in Michigan. I suggest your brother seek out legal aid. He may need to apply for public assistance.... Read More

the first step is to determine whether or not you were named as the survivor or beneficiary of the CD. While the bank may be unwilling to share much information, they should tell you whether or not you are the named beneficiary, if someone else is the named beneficiary, or if there is no named beneficiary then the CD would be payable to the estate. If the CD has a named survivor, when set up, the CD would not pass in accordance with the will, but would pass in accordance with its terms.... Read More