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
If it is filed with the court, yes. If not, then not necessarily.
Absolutely. It is legally required.
If the will meets all of the requirements of VA law, then the NY court will enforce it if the decedent is a NY resident on death.
There is no common law marriage in NY. Unfortunately, there is nothing you can do.
This is more complex than you think. You should have a lawyer. Sell the properties first, but if your letters are restricted then you... Read Answer
A handwritten will, called a holographic will, is very unfavored in NY law. The signature issue sounds like it is a problem. However,... Read Answer
If the issue is $8000, your lawyer was right. Starting a petition would be more in legal fees.
It is valid if the witness would ID the signature as his/her own.
One, nothing is stopping you from probating the will, so do it. Two, the partition is the legal remedy for the dispute you have, so there are... Read Answer
If the will is filed, then you can check with the Surrogate in the county of your father's last residence. If it is not filed, you can file to... Read Answer
We have opened many estate accounts for out of state administrators. Frankly, I do not understand why you are having this problem. ... Read Answer
The answer is - it depends. It depends on whether or not the debt is secured (like a mortgage) and on whether or not there are estate asset.... Read Answer
I think you might have an argument but the law is that a specific bequest lapses (or fails) when the specific item left in the will - here the car-... Read Answer
The issue of criminality is outside my purview. You can, however, probate the will to gain the authority to act on your grandmother's behalf,... Read Answer
The person is not yet an executor, but merely a nominated executor. You can commence a proceeding for him to produce the original Will.... Read Answer
Hi David,
If the account is set up as joint accounts, then the funds will pass to you by operation of law, without going through the estate... Read Answer
Unless your spouse has signed a prenuptual agreement, or if they will sign a postnuptual agreement now, you cannot leave your spouse out of your... Read Answer
The fees for the preparation of wills vary depending on the amount of time and the complexity of the document being drafted. A simple will should not... Read Answer
Either your brother agrees to buy you out or pay you rent. If he does not, you have to force the issue. If the estate is still open, it will be... Read Answer
My advice is to stop trying to be the lawyer- your mother should consult with an attorney who will determine whether a codicil or a new will is... Read Answer
The aunt could force a sale in court, as simply, the house is part of an estate. There are strategies to avoid a sale, but the longer one waits to... Read Answer
If the wife dies first, and her name is not on deed, then upon his passing, the house is controlled by the terms of the husband's will.
Gerry... Read Answer
You need to retain a qualified attorney to address the issues of the articles of personalty and the improper allocation of the funeral expenses,... Read Answer
I do not believe that you will be able to enforce what she had indicated was her wish. At a minimum, the law of New York requires two 'disinterested'... Read Answer
If you are 18 years old, then you should consult with an attorney, and if necessary, hire one to represent your interests. There are too many... Read Answer