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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 2
Do you have any New York Probate questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 274 previously answered New York Probate questions.
Wills and Probate
New York

Recent Legal Answers

My wife inhearieted property from who Father when he died, since then my wife died suddenly. I am told that I now inhereit the propedrty

Answered 5 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer
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 which your FIL died.
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 More

can a mortgage company allow someone to live in a deceased persons house

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 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 duty to gather all the property, pay all the debts and then distribute the rest according to the Will.  He is personally liable if he fails to do so.... Read More
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 More

What to do when someone dies with no will and boyfriend is not giving us information.

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 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 have authority over all her property, including the car.  If the boyfriend wants to claim they were "common law married," he will have to prove it to the judge.  This can be very, very difficult to do.... Read More
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 More

Death certificate

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
While in most states only immediate family members are entitled to an original death certificate, there is no restriction on copying a death certificate.  As next of kin and heir, you should talk with a local probate attorney about the best way to settle the estate.
While in most states only immediate family members are entitled to an original death certificate, there is no restriction on copying a death... Read More

how can a personal representative secure contents of a home that was designated "transfer deed upon death" to a separate individual

Answered 5 years and 8 months ago by attorney Terry Lynn Garrett   |   1 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 storage facility, and move the property on that basis.
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 More

Is it illegal to rent space in a house that is in an intestate estate without a personal representative appointed yet?

Answered 5 years and 8 months ago by attorney Terry Lynn Garrett   |   1 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 received nonetheless, it is "income in respect of decedent" and must go to your mother's estate.
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 More

Joint checking account primary is deceased.

Answered 5 years and 8 months ago by attorney Terry Lynn Garrett   |   1 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 half) belongs to the probate estate.
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 More

How to file for death certificate for deceased executor of a Will

Answered 5 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
Hire a probate lawyer who practices in the county in which the husband lived.  The court must appoint a successor executor.  This person might be named in the Will.  If not, the court must appoint someone else.  It may be easiest for the widow to apply. 
Hire a probate lawyer who practices in the county in which the husband lived.  The court must appoint a successor executor.  This person... Read More

I am a beneficiary in a will and no response from the POA.

Answered 5 years and 9 months ago by attorney Terry Lynn Garrett   |   1 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 of time has passed, any beneficiary is entitled to an accounting.  If that is not provided after a couple of months, the beneficiary can ask the court to replace the executor.  Do keep in mind that estates have debts as well as assets.... Read More
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 More

Executors right regarding properties

Answered 5 years and 10 months ago by attorney Terry Lynn Garrett   |   1 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 Will.  Maybe the executors would agree to rent to you for a few months.
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 More

How can we get the executrix to turn over the property she is supposed to?

Answered 5 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
Hire a local lawyer who does probate litigation.
Hire a local lawyer who does probate litigation.

My mom signed her home over to my brother and I a few years ago. My mom has passed. My brother has power of attorney and is executor.

Answered 5 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
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, of the utilities, maintenance, repair and taxes. All Wills and other probate proceedings are a matter of public record.  Some counties have these available online.    ... Read More
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 More

Do I have a case for legal action

Answered 5 years and 11 months ago by attorney Terry Lynn Garrett   |   1 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 audited.  If not, contact a local probate lawyer.  Many states have a date following which the heirs or beneficiaries can request an accounting and a later date by which they can ask the court to replace an executor who has not made distributions.... Read More
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 More

Frustrated sibing

Answered 6 years ago by attorney Terry Lynn Garrett   |   1 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.
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.

I’m executor if my sisters will. she’s in NJ I’m in ny. I received an email of her will from the place she died in. Nothing more than last page wit

Answered 6 years ago by attorney Terry Lynn Garrett   |   1 Answer
Follow the lawyer's advice.  Once a Will is submitted for probate, it becomes a public document.
Follow the lawyer's advice.  Once a Will is submitted for probate, it becomes a public document.

My sister passed in Nov 2019 and her husband name was not on the deed, how do we get it transferred over to him?

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
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 from your sister's estate.  You must settle the estate in surrogate's court.  Contact a local probate lawyer.
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 More

My testamentary letter from the surrogate court of westchester county, ny has no expiration date on it. Does this mean it doesn't expire?

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Letters Testamentary do expire.  You can ask the court clerk for a new one.
Letters Testamentary do expire.  You can ask the court clerk for a new one.

Can I change the name on the estates property to “Estate of....” until

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
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 the estate, as your probate attorney could advise you.
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 More

What can I do as executor of my Dad’s will if the deed is a siblings name?

Answered 6 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
Deeds trump wills.  If your father deed the home to your sister, it is hers.  Title can no longer pass under the Will.
Deeds trump wills.  If your father deed the home to your sister, it is hers.  Title can no longer pass under the Will.

what cost /fees are due to state for probateing

Answered 6 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
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 probate.  Medicaid is a loan recoverable from the estate.
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 More

im the youngest of 4. my father and I are on the house deed. he did not leave a will. can siblings challenge me for the house?

Answered 6 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
Perhaps for your father's presumed 50% interest; not for yours.
Perhaps for your father's presumed 50% interest; not for yours.

if my father leaves a will stating he want me to have the house, can my other siblings contest this?

Answered 6 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
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 likely to win.  The best approach would be to get their acknowledgement of the Will in writing.  The next might be to have your father's physician screen him for dementia and legal capacity.  Note that even moderately demented people can still have legal capacity to make a Will.... Read More
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 More

My deceased mother received a tax relief check. Am I able to cash this check if she has no estate? She had no assets at all.

Answered 6 years and 5 months ago by attorney Sharon M. Siegel   |   2 Answers
Technically, no.
Technically, no.

how will the assets from a brokerage account be transferred to an estate after probate

Answered 6 years and 5 months ago by attorney Sharon M. Siegel   |   1 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 beneficiary designation it passes outside of probate.
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 More

can the executor of the estate convert the assets in a brokerage account to cash before it is distributed to heirs

Answered 6 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer
Most Wills would permit this.  Consult the probate lawyer handling this estate.
Most Wills would permit this.  Consult the probate lawyer handling this estate.
Wills and Probate
New York

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