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
Your FIL's estate must be probated (proved) first and then your wife's. Begin by contacting a probate attorney who practices in the county in... Read Answer
Follow your lawyer's advice and evict her. Regardless of what someone at the mortgage company may have (erroneously) said, it is the executor's... Read Answer
Please talk with a local probate attorney about the best way to settle your aunt's estate. Once the court appoints you administrator, you will... Read Answer
While in most states only immediate family members are entitled to an original death certificate, there is no restriction on copying a death... Read Answer
If the deceased executed a Memorandum of Personal Property and Heirlooms, you may rely on that. If not, you may present the Will, lease a... Read Answer
Since your mother is dead and no personal representative has been appointed, there is no one with legal authority to lease the space.
If income is... Read Answer
If the account is pay on death or joint with right of survivorship, it belongs to the cousin. If the account is merely joint, half (but only... Read Answer
Hire a probate lawyer who practices in the county in which the husband lived. The court must appoint a successor executor. This person... Read Answer
Check with the local probate court. If the Will was submitted to probate, it is a public document. In most states after a certain amount... Read Answer
It is the executor's duty to evict you and sell the condo in order to pay your mother-in-law's debts and distribute what remains according to her... Read Answer
Hire a local lawyer who does probate litigation.
Your mother's estate is responsible for the costs of her funeral, not you.
If you are part owner of the home, you are responsible for part, not all,... Read Answer
You write that you are convinced but offer no evidence. Check with the local probate court to determine whether indeed the estate is being... Read Answer
You can continue to be walked over like a door mat, you can file an eviction action in small claims court or your can file for a partition.
Follow the lawyer's advice. Once a Will is submitted for probate, it becomes a public document.
If there was a Will leaving him the house or, if there was no Will, he was her sole heir, the property can pass to him through a distribution deed... Read Answer
Letters Testamentary do expire. You can ask the court clerk for a new one.
If you have been appointed executor and the Will admitted to probate or an heirship proceeding is pending, the property is in fact the property of... Read Answer
Deeds trump wills. If your father deed the home to your sister, it is hers. Title can no longer pass under the Will.
Probably the costs of probate and those of the Medicaid Estate Recovery Program -- assuming that this is why NYS and not you have filed for... Read Answer
Perhaps for your father's presumed 50% interest; not for yours.
Anyone may contest anything. But if there is no question of fraud or undue influence or legal capacity to make a Will, your siblings are not... Read Answer
Typically, the account will be re-titled in the estate, and then distributed by the fiduciary to the people so entitled. However, if there is a... Read Answer
Most Wills would permit this. Consult the probate lawyer handling this estate.