New York Probate Legal Questions

Easy.  Just draft the deed and record it.  However, if the estate is not open, it needs to be.  If the letters are expired, you might need new ones.  I could do a deed and record it for $750, and for a few bucks more, review the estate paperwork to make sure your representations are legally accurate.... Read More

The only way to get letters testamentary is to bring the will to probate court in the county where the decedent lived and have it probated. there is no requirement that this be done by a lawyer. The probate courts are generally very helpful to individuals who represent themselves but a competent estate attorney will get the job done much faster.  ... Read More

I would say No. Any will or codicil must comply with New York law to be legal. It has to be a dated writing, duly signed by the testator, and witnessed by two witnesses. The testator must declare it to be his/her last will, request the witnesses to be witnesses and have testamentary capacity.  ... Read More

Once a will is admitted to probate, it can not be altered or changed. Your cousin is wrong and obviously trying to upset you. As a named beneficary in the will you have authority to check with the attorney who is handeling the probate proceeding. He is earning a fee for the probate and should be willing to take all calls relating to the estate. To finalize the estate he will eventually have to notify you of the wrapup since he will be disposng of he assets. Your cousin is obviously trying to keep you in the dark. I would be careful of her.... Read More

For a will to be valid in New York it does not have to be prepared by an attorney. So long as it was executed by one with capacity and witnessed by two individuals it should be admissible in probate court. At this point someone needs to present this will to probate court. If the beneficaries are minors the court will appoint guardians to represent them. Once the will is admitted, an executor will be named. He/she can then go about the business of disposing of the assets according to the testators wishes.... Read More

I am sorry you feel the need to change attorneys but better you do it now than later. The documents he has are YOURS. Everything except his notes which belong to him. Typically the new attorney will prepare a letter for you to sign asking your file to be shifted to the new attorney. You might customize that letter by mentioning you appreciate his work, have only good things to say about him but found someone you feel more comfortable working with.  Even the best attorneys get replaced from time to time so I am sure it won't be a big deal for him. Good luck.... Read More

First, the will determines how much you get.  You are entitled to a copy.  Make sure you are getting the right amount.  Second, sometimes a will provides for certain payments before others, like debts.  If there is not enough money to make all payments, some will be reduced.  That is why it is often not advisable to put specific dollar numbers in a will, but give percentages.... Read More

The answer to your question is no BUT usually on the attestation page where the witnesses sign there are two or three (depending on the jurisdiction) places where the witnesses' names go.  As best practice, attorneys usually have witnesses print their names some where on that page during execution.....what good is the signature if you cannot read it to track them down if necessary, right! So although the answer is no, it's a good idea and good practice.  Hope that helps.... Read More

Dear New York, My condolences on the state of your mother as well as on your being disinherited....but I hope you'll be pleasantly surprised when everything shakes out. As to probating your mother's will.  Whoever is in possession of the original will, or even a copy if that's all that can be located, is responsible for filing that will with the clerk of the circuit court in the appropriate district (meaning wherever your mom lived) within 30 days of the death of the Testator decedent (your mom herein).  Up until your mom dies she can change her will as long as she meets statutory requirements.....you said she was terminally ill but not in a coma.  So unfortunately, you don't get to peek ahead to see what, if anything, she's left to you....unless you have a copy of the will....and again that is still revocable until your mother dies.  So what are your options....If mom has disinherited you and the will is iron clad, you have no options.  It is her money and her stuff, so she can distribute it as she pleases....unfortunately your father was so busy making money that he did not take time to ensure his children had trust funds.  Disinheriting a child or spouse has to be done expressly...a testator has to name you and maybe leave you a dollar (something nominal).  You can always contest the will if you have grounds to do so.  I suggest you at least let your mom get through this terminal illness first though before you count the money.....who knows she may experience a miracle recovery and you having been so attentive to her in the state of her terminal illness will be back in her good graces again.  So your option right now is just to wait, be kind to your mother and enjoy and appreciate her while you have the opportunity. ... Read More

Dear New york, A will is a public document and anyone who goes down to the Circuit Court and pays the clerk can get a copy once it is filed upon the decedent's (your father herein) death.  The only time this would not be possible with a will is if the court seals it so no one can see it.  By the way, unless your dad intentionally disinherits you...by expressly stating so in the will and usually leaving you something like a dollar...you can contest it.  If he does have you in the will AND has a no contest clause.....it means you lose whatever he gave if you protest/contest the will.  I hope that you've been the kind of son a father would want to leave the world to.  Best wishes to you.... Read More

A named beneficiary on insurance is for the benefit of the beneficiary. If the child was listed on the lease, then the child has the right to the apartment; however, it is unclear what type of apartment- coop or rental. You should consult with counsel, as this requires further discussion. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com... Read More