274 legal [2, *]questions have been posted about wills and probate 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 living wills, and contested wills. All topics and other states can be accessed in the dropdowns below.
Recent Legal Answers
The tax rates are the same in both cases where there is a will and where there isn't. The difference between having a will and not having one... Read Answer
If your ex-husband never removed you as beneficiary and you do not have a Property Settlement Agreement which waives your interest to these things,... Read Answer
It depends on what county you are in, the speed at which you submit papers to the Surrogate Court, and any other issues that may be involved, it... Read Answer
In this context, the purpose of the clause generally concerns the rights of other residuary legatees, and of the residuary estate- if other persons... Read Answer
This is indeed complicated, and yes, there is a Surrogate court proceeding(s) that can be undertaken. You should timely consult with qualified... Read Answer
The heir would have to be appointed by the surrogate court to administer the estate, including the sale of real property, which may require court... Read Answer
You can always contest a will. Whether you win or not is the question.
If there is no surviving executor, but the client is still alive, it would be encouraged to have a new will or codicil executed, adding the name of... Read Answer
It would appear that you need to consult with qualified local counsel, and likely retain same, for the purposes of demonstrating your right to share... Read Answer
The law of 'intestacy' has an order of priority for determining who would receive estate monies. However, without hearing more facts, it would be... Read Answer
The law as expressed to you is correct- the Executor will be personally liable for any 'debts' if distribution of the estate occurs prior to the... Read Answer
It is to your benefit, if indeed you believe she disinherited her son, to find the will. In the absence of a will, if she was not married at the time... Read Answer
If you consider it worthwhile that your wishes are carried out, the answer is yes.
Upper West Side Lawyerwww.upperwestsidelawyer.com... Read Answer
This is not a case that can be answered in the context of this forum- I would strongly suggest that you immediately consult with a qualified estate... Read Answer
The grandchildren should be consulting with a qualified attorney and not depending on the answers of the daughter-in-law- a will is only made... Read Answer
I am a California attorney so please take this answer with that in mind. Certainly you should get a local probate attorney. However, in... Read Answer
The answer to your question depends on the complexity of the will. If it is straightforward, it could take as little as one or two hours. ... Read Answer
Without an amendment to a will called a 'codicil', that is executed with the same formalities as the will, any amendments will have no value. If... Read Answer
You can ask but you may not receive a copy- there is no legal 'right' to see a parent's will while they are alive; however, upon a parent's death,... Read Answer
I can't say for New York but in California it takes 7 months minimum for a full probate of a will.
Obviously, you have the right as a surviving spouse to seek a statutory portion of his estate, namely the 'elective share'. It would clearly help to... Read Answer
This type of question unfortunately does not allow for a sufficient answer without a lot more detail being provided, and frankly, warrants a consult... Read Answer
Depending on the very specific language of the will, which is not provided in your question, a child may or may not take a testamentary(will) share.... Read Answer
This is a difficult situation. Was it notarized? Was it witnessed? Can you prove it is in his handwriting? Essentially, you are attempting to bypass... Read Answer