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
You need to offer the one you want for probate. She can object and offer hers. The last valid will always governs.
I was all set to recommend that you file a petition for guardianship of your father, because this sounds like a possible elder abuse case, but then I... Read Answer
If there is money worth fighting for, there is money to pay a lawyer. No one does probate pro bono as by definition there is money.
The attorneys screwed up. They should have reserved for this. The executor is responsible to pay and he likely cannot sue the... Read Answer
You get a citation from the court for a hearing on the petition, at which point they need to object or probate will be granted on default.
It is the law. They are next of kin. Next of kin must consent to probate.
If you are still married you cannot be excluded. Get a death certificate and see where the residence was declared. Then file an estate... Read Answer
The phrase you mentioned is not statutory. The person must be "competent" and a proper form will have the witnesses attest to that fact.
Yes, as long as the maker of the will is unrelated to them.
When your father passes away, and the will is provided for probate, you will get notice and you can object to it.
You can sue the fiduciary for breach of fiduciary duty. But, first, seek an accounting in the Surrogate's Court.
You need a probate attorney from MA.
If your car needed a new transmission would you do it yourself or go to a mechanic? While you can do anything yourself legally, if you screw it... Read Answer
Not really. You made the choice to sell and picked the price.
If your sister is guardian, she can seek an order in the guardianship revoking all wills. This is actually pretty standard. A will cannot... Read Answer
You can hire a private investigator to locate assets. His personal papers and his mail will be your best guide. Get appointed... Read Answer
Always avoid the Public Administrator if you can. You should petition or hire a lawyer to appear in court on citation date and ask to be... Read Answer
You absolutely can and should file. There is a specific petition to file when the named executor refuses to serve. It is called... Read Answer
Letters and a death certificate. If this is all there is, and you have not filed the will yet, skip the will and for $1 file a Voluntary... Read Answer
If the property is held with right of survivorship, then you get title on death by operation of law. If not, then his half goes the way of the... Read Answer
You need to call a UK probate lawyer. If the estate is big enough, there are firms in NY with UK offices, but you can just as well hire a firm... Read Answer
If he lived in Suffolk County, you can contact the Suffolk County Surrogate's Court to see if one was filed. There is no way to find an unfiled... Read Answer
No. You do not, and should not.
A few hundred dollars, as a new execution ceremony is required.
Estate money goes into an estate account. The attorney can be the signatory. This is done all the time.