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New York Probate Legal Questions

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274 legal 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.
New York Probate Questions & Legal Answers - Page 11
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Wills and Probate
New York

Recent Legal Answers

The difference between having a valid Will approved by the Court and no will upon one's death, intestate.

Answered 13 years and 7 months ago by Ellen S. Kingsley (Unclaimed Profile)   |   1 Answer
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 is that you can choose where your assets go when you die.  If you are intestate (without a will), they go according to your state's statute - usually to spouse first; if no spouse, then to children; if no children, then to parents, etc.  New York does not charge an estate tax, unless the estate is over $1,000,000.... Read More
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 More

I am a beneficiary ex husband retirement roth and ira account , company once you are divorce is revoked my ex husband died now, am I entitled ?

Answered 13 years and 8 months ago by Ellen S. Kingsley (Unclaimed Profile)   |   1 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, you may be entitled to receive them.
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 More

How long does probate take in an uncontested will situation. My sister died a month ago and left a clear will to me and my sister.

Answered 13 years and 11 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 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 could be a few months. Gerry Wendrovsky, Esq.- Upper West Side Estate Lawyerwww.upperwestsidelawyer.com    
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 More

Would appreciate explaining what''s the need, or purpose of having the following sentence in a will:

Answered 14 years ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 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 were deemed to die at or about the same time as the testator. However, without reviewing the entire instrument, your question can not be properly answered. Gerry Wendrovsky, Esq.- Upper West Side Estate Lawyerwww.upperwestsidelawyer.com    ... Read More
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 More

Hi, Complicated mess in NYC, hope I can explain it in a clear and condensed manner. Wish me luck ! Real Estate Property with multiple "owners" estates.

Answered 14 years ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
This is indeed complicated, and yes, there is a Surrogate court proceeding(s) that can be undertaken. You should timely consult with qualified counsel. Gerry Wendrovsky, Esq.- Upper West Side Estate Lawyerwww.upperwestsidelawyer.com    
This is indeed complicated, and yes, there is a Surrogate court proceeding(s) that can be undertaken. You should timely consult with qualified... Read More

If there is no will is the living heir allowed to sell real estate?

Answered 14 years ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 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 approval. This is not a complex process but attention to detail is important. Gerry Wendrovsky, Esq.- Upper West Side Estate Lawyerwww.upperwestsidelawyer.com    ... Read More
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 More

My father disinherited me and my brother in his will, naming us and saying that he had otherwise provided for us in his lifetime. This was false.

Answered 14 years ago by Ellen S. Kingsley (Unclaimed Profile)   |   1 Answer
You can always contest a will.  Whether you win or not is the question.
You can always contest a will.  Whether you win or not is the question.

what happens when an executor, who is named as such on a client''s will he prepared, dies before his/her client? Is is true the will becomes invalid?

Answered 14 years and a month ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
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 another executor. If the client is deceased, then the court will be appointing someone else, possibly a relative or friend of the deceased client. Gerry Wendrovsky, Esq.- Upper West Side EstateLawyerwww.upperwestsidelawyer.com  ... Read More
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 More

My mothers estate. I do not live in NY,correct address was known but I did not receive will probate notification. NY grievance will not handle.

Answered 14 years and a month ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 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 in the estate. I would not further delay. Gerry Wendrovsky, Esq.- Upper West Side Estate Lawyerwww.upperwestsidelawyer.com    ... Read More
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 More

Cousin once removed died without a will/ famiyl. Dad died many years prior and would be a first cousin. What family members are entitled to her monies

Answered 14 years and a month ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 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 unclear as to whether you are eligible. You should consult with qualified counsel. Gerry Wendrovsky, Esq.- Upper West Side Estate Lawyerwww.upperwestsidelawyer.com  ... Read More
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 More

How long does it take for the inhertiance to be processed and forward to the deceased heirs?

Answered 14 years and a month ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 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 expiration of seven months from the date of appointment by the Surrogate Court. Gerry Wendrovsky, Esq.- Upper West Side Estate Lawyerwww.upperwestsidelawyer.com    ... Read More
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 More

My aunt died and we don''t know if there''s a will. Can her son inherit? What if we find a will later?

Answered 14 years and 2 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 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 of her passing, then her children would be entitled to her estate. Gerry Wendrovsky, Esq.- Upper West Side Lawyerwww.upperwestsidelawyer.com    ... Read More
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 More

Do I need to see a lawyer if I had my last will and testimony typed up?

Answered 14 years and 2 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
If you consider it worthwhile that your wishes are carried out, the answer is yes. Upper West Side Lawyerwww.upperwestsidelawyer.com    
If you consider it worthwhile that your wishes are carried out, the answer is yes. Upper West Side Lawyerwww.upperwestsidelawyer.com... Read More

What if an illegal immigrant obtains US identity, then marries in US, and buys property, what happens to everything after they die?

Answered 14 years and 2 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 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 attorney. However, it is likely that the child, even if deported, would have the right to inherit the estate. Upper West Side Lawyerwww.upperwestsidelawyer.com  ... Read More
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 More

Why does a will have to go into probate and can it be contested once going to probate?

Answered 14 years and 2 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 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 effective when it has been 'admitted to probate' by a Surrogate Court in New York. There are specific time limits in which to contest a will's admission. Gerry Wendrovsky, Esq.- Upper West Side Lawyerwww.upperwestsidelawyer.com   ... Read More
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 More

I am a residuary beneficiary in my Uncle''s will. The will has been thru probate - his home was sold - I received a Receipt and Release to sign .

Answered 14 years and 3 months ago by John Palley (Unclaimed Profile)   |   1 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 California there is no law requiring you to sign a release.  You might try modifying the receipt to say you received the check.  That is, cross out anything about general release. Good luck to you.  -John... Read More
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 More

My father died in April of last year and I had a will in place.. my lawyer still has not finalized the will..

Answered 14 years and 4 months ago by attorney Sharon M. Siegel   |   1 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.  While a complex will could take substantially longer.  The time line for getting also varies by the lawyer's schedule.  People usually ask me this upfront.... Read More
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 More

can I add to my will withour an attorney

Answered 14 years and 4 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 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 you wish to have the will amended, you should consult with counsel. Gerry Wendrovsky, Esq.www.upperwestsidelawyer.com    
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 More

Is it my legal right to see my mothers will if she changed it tens years after the first one was made

Answered 14 years and 5 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 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, you have the right to be apprised of any estate proceeding involving that parent. Gerry Wendrovsky, Esq.www.upperwestsidelawyer.com  
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 More

How long does it take to probate a will?

Answered 14 years and 6 months ago by John Palley (Unclaimed Profile)   |   1 Answer
I can't say for New York but in California it takes 7 months minimum for a full probate of a will.
I can't say for New York but in California it takes 7 months minimum for a full probate of a will.

Do I need to give my address so my husband''s girl friend (the executor ) can file the probate in court, without a lawyer

Answered 14 years and 6 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
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 have an attorney ensure that the process moves expeditiously, and that you receive your fair share, by the timely filing of the notice of your claim as against the will. Further, by filing a 'Notice of Appearance', your attorney would be placed on notice of all issues and developments in the proceeding. Therefore, I would strongly urge you to retain counsel. Your providing your address also puts the court on notice of your residence, affording you another layer of protection. Gerry Wendrovsky, Esq. www.upperwestsidelawyer.com http://www.martindale.com/Gerry-M-Wendrovsky/485563-lawyer.htm?b=Y&opredir=1 http://www.lawyers.com/New-York/New-York/Law-Office-of-Gerry-Wendrovsky-3914135-f.html        ... Read More
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 More

My will was set up to go through probate. How can I change this to by pass the probate process?

Answered 14 years and 6 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 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 with a qualified attorney to discuss the nature and extent of your assets- the answer depends on your response. While there are 'living trusts'(intervivos) that can be established, thereby bypassing the probate process, again that process involves certain planning, that truly should be discussed with counsel. Gerry Wendrovsky, Esq. www.upperwestsidelawyer.com http://www.martindale.com/Gerry-M-Wendrovsky/485563-lawyer.htm?b=Y&opredir=1 http://www.lawyers.com/New-York/New-York/Law-Office-of-Gerry-Wendrovsky-3914135-f.html      ... Read More
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 More

Can the children of the deceased contest a will if all were mentioned by name but not all were given an equal share of the estate?

Answered 14 years and 6 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 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. You should review the language of same with a qualified attorney. Gerry Wendrovsky, Esq. www.upperwestsidelawyer.com http://www.martindale.com/Gerry-M-Wendrovsky/485563-lawyer.htm?b=Y&opredir=1 http://www.lawyers.com/New-York/New-York/Law-Office-of-Gerry-Wendrovsky-3914135-f.html    ... Read More
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 More

My father left me a list of what he wanted myself and his grandchildern to have and signed it. Because he knew my stepmother would not give them to me

Answered 14 years and 6 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 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 his will. From your question it is also unclear whether the will was admitted to probate. You should consult with qualified counsel. Gerry Wendrovsky, Esq. www.upperwestsidelawyer.com http://www.martindale.com/Gerry-M-Wendrovsky/485563-lawyer.htm?b=Y&opredir=1 http://www.lawyers.com/New-York/New-York/Law-Office-of-Gerry-Wendrovsky-3914135-f.html      ... Read More
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 More
Wills and Probate
New York

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