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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 3
Do you have any New York Probate questions page 3 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

Last year my brother was execeture of my fathers will prior to death and manipulated funds.

Answered 6 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer
You will need to hire a local probate attorney who handles litigation.
You will need to hire a local probate attorney who handles litigation.

Do I have a claim

Answered 6 years and 6 months ago by attorney Sharon M. Siegel   |   2 Answers
It depends on the nature of the fraud, and whether there is an estate formed.  Too much information is missing to answer credibly.
It depends on the nature of the fraud, and whether there is an estate formed.  Too much information is missing to answer credibly.

Public Administrator or Successor Executor

Answered 6 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
It is standard to appoint the Public Administrator if no one can get along and/or no one qualifies to serve.  The PA bills legal fees and gets a commission.
It is standard to appoint the Public Administrator if no one can get along and/or no one qualifies to serve.  The PA bills legal fees and gets a... Read More

What are my next steps?

Answered 6 years and 8 months ago by attorney Sharon M. Siegel   |   2 Answers
When you say you "asked" do you mean with a formal petition to the court or in a letter.  You need to bring several petitions ASAP.  I am not sure what the Supreme Court case is about.  This is one of those cases where you appear to be in a bigger hole than when you started and it will take significant work to get on track.... Read More
When you say you "asked" do you mean with a formal petition to the court or in a letter.  You need to bring several petitions ASAP.  I am... Read More

I go to court on Friday my lawyer told me the judge want me have and answer from what the da offered me. Probation bring When will my probation start

Answered 6 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
Ask your lawyer.
Ask your lawyer.

I was informed by a lawyer that in the state of New York the laws governing wills has been changed.

Answered 6 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
I have no idea what you or the lawyer are talking about.  There is no wholesale change that invalidates old wills.
I have no idea what you or the lawyer are talking about.  There is no wholesale change that invalidates old wills.

A will has not been filled, by a family member, what to do to get it experditure if there is a will to be filled?

Answered 6 years and 8 months ago by attorney Sharon M. Siegel   |   2 Answers
There is a petition to file that compels production of a will.  Hire a lawyer if there is enough money involved.  You comma is off, so I am not sure how much money is involved.
There is a petition to file that compels production of a will.  Hire a lawyer if there is enough money involved.  You comma is off, so I am... Read More

are you so n so's attorney and do they have a will?? we have not found one

Answered 6 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
Yes, it is perfectly appropriate to ask.  The lawyer may not know the person died.
Yes, it is perfectly appropriate to ask.  The lawyer may not know the person died.

Sue the bank for violating my rights

Answered 6 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
Sounds like you just screwed up the planning.  A POA ends at death.  The trust was not the beneficiary on the account, based on your post.  But, it could have been.  Because the account became part of the estate instead of the trust, the trust could not be funded.  I see nothing the bank did wrong.... Read More
Sounds like you just screwed up the planning.  A POA ends at death.  The trust was not the beneficiary on the account, based on your... Read More

We are very suspicious a family member coerced an elder relative to change their will a year ago. How do we get a copy of that older will?

Answered 6 years and 10 months ago by attorney Sharon M. Siegel   |   3 Answers
You cannot get a copy of the will until it is probated.  If you suspect abuse, call Adult Protectice Services in the county in VA to investigate.  If you suspect financial abuse, consider bringing a guardianship proceeding in VA.
You cannot get a copy of the will until it is probated.  If you suspect abuse, call Adult Protectice Services in the county in VA to... Read More

If you only have a small amount of things and like to make a will who can I talk to

Answered 6 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
Most areas have legal aid such as Volunteer Legal Services.  Many have Lawyer Referral Services with Modest Means programs.  Contact your local bar association or Area Agency on Aging for more information.
Most areas have legal aid such as Volunteer Legal Services.  Many have Lawyer Referral Services with Modest Means programs.  Contact your... Read More

Can I contest my fathers will?

Answered 6 years and 11 months ago by attorney Sharon M. Siegel   |   2 Answers
You definitely can contest.  The will does not meet the statutory requirements of execution based on the witness issue.  The anti lapse law does not apply.  Failed bequests pass by intestacy, which means to you.
You definitely can contest.  The will does not meet the statutory requirements of execution based on the witness issue.  The anti lapse law... Read More

How much would it cost for preparing and certifying a Power Of Attorney document

Answered 7 years ago by attorney Sharon M. Siegel   |   1 Answer
For just a POA, I charge $150.
For just a POA, I charge $150.

Should I get a lawyer in Florida or New York to handle this matter?

Answered 7 years and 2 months ago by attorney Sharon M. Siegel   |   2 Answers
Your question is unclear.  If you are a beneficiary of the policy, then you deal directly with the insurance.  If there is no beneficiary, and the estate is the beneficiary, you need to file papers in Surrogate's Court.  The lawyer misled you. There is nothing preventing you from being the administrator from Florida, and you likely never would have had to go to NY.  You should not have signed the form.... Read More
Your question is unclear.  If you are a beneficiary of the policy, then you deal directly with the insurance.  If there is no beneficiary,... Read More

to settle an estate

Answered 7 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
Yes.  If the POA exceeded his authority and you have the original will to probate.  First, you need to probate the will, then bring a turnover action in the Surrgate's Court.
Yes.  If the POA exceeded his authority and you have the original will to probate.  First, you need to probate the will, then bring a... Read More

If i spend my minor childs settlement when i was court ordered to put into a blocked account until she was 18 yrs old will i go to jail? I was wrong .

Answered 7 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
You will likely not go to jail, but there could be a judgment entered against you.  Usually the court orders follow up by a monitor, so I am not sure how this was allowed to occur.
You will likely not go to jail, but there could be a judgment entered against you.  Usually the court orders follow up by a monitor, so I am not... Read More

My father passed away and his Will is going to probate . I live in another state, how do I contest?

Answered 7 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
Contact a probate lawyer.  You will be asked to sign a waiver to probate, which takes away your right to object.  If you do not sign, you will be "cited" to attend a hearing.  You will need a lawyer for that hearing.
Contact a probate lawyer.  You will be asked to sign a waiver to probate, which takes away your right to object.  If you do not sign, you... Read More

My mother recently died and my siblings claim there is no will although my mother talked about her will before she passed.

Answered 7 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
You have to go to the court and look at the file.  The clerk should have neither encouraged or discouraged.  But, the clerk cannot read it to you.  If you cannot go, hire a lawyer to go.
You have to go to the court and look at the file.  The clerk should have neither encouraged or discouraged.  But, the clerk cannot... Read More

How can I find out if probate has been granted and if I am a beneficairy in a will

Answered 7 years and 3 months ago by attorney Sharon M. Siegel   |   2 Answers
New Rochelle is in Westchester County.  Call the Surrogates Court and see if a will has been filed.  If it is, it is public.
New Rochelle is in Westchester County.  Call the Surrogates Court and see if a will has been filed.  If it is, it is public.

How do I find out if my step-father had a will?

Answered 7 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
Unless filed, you cannot see the will.  However, divorce voids the will made when married to your mother, so that will is not the one.
Unless filed, you cannot see the will.  However, divorce voids the will made when married to your mother, so that will is not the one.

What shoudl be done with a deceased relative's documents and bank statements?

Answered 7 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
I think I answered this.  Do a voluntary administration to close the checking, do an unclaimed funds search to make sure there is nothing else. make sure all accounts for which there are statements are closed.  Then dump everything.
I think I answered this.  Do a voluntary administration to close the checking, do an unclaimed funds search to make sure there is nothing else.... Read More

Recently, and by accident, I learned on the Internet that my mother passed away. My estranged sister had put my mother in a nursingdid not notified me

Answered 7 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
A will is filed in the court of her residence at death, if there is one.  You cannot find accounts unless you hire a private investigator.  If your sister had control, I am sure she put her name on the accounts.  Then there is nothing you can do.
A will is filed in the court of her residence at death, if there is one.  You cannot find accounts unless you hire a private investigator. ... Read More

Can my Aunt override my Dad’s Last Will and Testament?

Answered 7 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
No.  But the will must be filed.
No.  But the will must be filed.

How do I prove my dad was forced to sign over half of the deed to his house?

Answered 7 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
Medical records dealing with competence.  The problem is you need authority to challenge it. If alive you need guardianship.  If your dad has passed, you need letters from the Surrogate.
Medical records dealing with competence.  The problem is you need authority to challenge it. If alive you need guardianship.  If your dad... Read More

CAn i give the bank the house i inherited back?

Answered 7 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
Yes.  Or, do a short sale.
Yes.  Or, do a short sale.
Wills and Probate
New York

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