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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 4
Do you have any New York Probate questions page 4 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

I need to update my will and to form a Durable Power of Attorney, and possibly a Revocable Living Trust

Answered 7 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
I can help.
I can help.

What to do if a the person being bequeathed property does not want it?

Answered 7 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
She can renounce her bequest.  There is a form for it.  It is easy.
She can renounce her bequest.  There is a form for it.  It is easy.

How should someone should have to wait for a copy of the will

Answered 7 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
The petitioner will send a waiver of citation form and a copy of the will when it is probated.  Are you sure someone is probating the will in court?
The petitioner will send a waiver of citation form and a copy of the will when it is probated.  Are you sure someone is probating the will in... Read More

How can I get a copy of my mother's will?

Answered 7 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
Go to the court where the estate is filed.  Wills are public.
Go to the court where the estate is filed.  Wills are public.

Which firm is the best to get a will drawn at?

Answered 7 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
The best firm is mine, but a will cannot cover custody issues.  Custody is determined by a court, judging the "best interest of the child".
The best firm is mine, but a will cannot cover custody issues.  Custody is determined by a court, judging the "best interest of the child".

Researching Debbie Willy

Answered 7 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
I can tell you right now -- scam.
I can tell you right now -- scam.

My brother is in a nursing home, wife passes away 2 years ago, need a power of attorney, will, insurance from her job, bank account

Answered 7 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
You are mixing up concepts.  A POA requires your brother to sign.  If he is not competent, he cannot sign.  A will is signed by your brother.  Same competency issues.  You cannot "get him" a will.  A guardianship, if he is not competent, will get you the power to check spouse's records.... Read More
You are mixing up concepts.  A POA requires your brother to sign.  If he is not competent, he cannot sign.  A will is signed by your... Read More

will money from elizabeth odden

Answered 7 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
Wills are publically filed.  Go read it.
Wills are publically filed.  Go read it.

Looking for a lawyer to do a Last Will in or near Shortsville, NY.

Answered 7 years and 11 months ago by attorney Lori Nevias   |   1 Answer
While an in-office consultation is often preferred by many clients, if it is difficult to find an attorney who is close by, it is certainly possible to use an out-of-town attorney to prepare a last will and testament with a telephone consultation and exchange of information by telephone, fax, email or regular mail. The important part of the consultation is for the attorney to understand the scope of the client's assets and wishes, and educate and inform the client about all their choices, and draft a will that will ensure that the client's wishes are effectuated.  The will must be properly witnessed and executed and while it is certainly preferrable to do this in an attorney's office, it is not necessary.  A legally valid last will and testament that reflects your wishes can be prepared by an attorney who is located in a remote location, and then executed close to you (even in your home) under the instructions of the attorney, before a notary public, with two witnesses.     ... Read More
While an in-office consultation is often preferred by many clients, if it is difficult to find an attorney who is close by, it is certainly possible... Read More

How should I request receipt of my portion of what my recently deceased Uncle left to his nieces and nephews, so as to not lose my SSI, which is my on

Answered 7 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer
Have the money put into a Supplemental Needs trust.
Have the money put into a Supplemental Needs trust.

What are my options with regards to how my grandfathers will has been carried out?

Answered 8 years ago by attorney Sharon M. Siegel   |   1 Answer
Bring a petition to compel distribution.
Bring a petition to compel distribution.

do I

Answered 8 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
It is not legally required.  A Florida court can probate a NY will.  But if changes are needed to comport with local law, it is worth having a local FL attorney look it over.
It is not legally required.  A Florida court can probate a NY will.  But if changes are needed to comport with local law, it is worth... Read More

How can I transfer a firearm after original owner has deceased?

Answered 8 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
It is not a form.  With letters from the court for the whole estate, the gun may be distributed to the person inheriting it, if they have a license to have it.
It is not a form.  With letters from the court for the whole estate, the gun may be distributed to the person inheriting it, if they have a... Read More

I need to know about Estate Planning, A Trust, A Will etc.

Answered 8 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
Not an uncommon problem.  Call one of us to help you.
Not an uncommon problem.  Call one of us to help you.

Contest my mother’s will

Answered 8 years and 2 months ago by attorney Sharon M. Siegel   |   2 Answers
To challenge the will the burden is on you to show lack of capacity.  You will need health records.  It is a very expensive proceeding.  You also have the burden on undue influence, and this is also hard to show. 
To challenge the will the burden is on you to show lack of capacity.  You will need health records.  It is a very expensive... Read More

Need last will and trust 3 children

Answered 8 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
There are many lawyers, including me, who do this.  Call around.
There are many lawyers, including me, who do this.  Call around.

I'm executor & sole beneficiary of a small estate. How do I answer questions about relatives that the decedent had but I don't have info on?

Answered 8 years and 2 months ago by attorney Sharon M. Siegel   |   2 Answers
As you are not the next of kin, you are going to have to go out as far as first cousins.  If the funeral was more than the estate, in all honesty, just forget it.  There is too much work here.
As you are not the next of kin, you are going to have to go out as far as first cousins.  If the funeral was more than the estate, in all... Read More

Need an attorney to file for Letters of Administration to become personal representative for my deceased daughter.

Answered 8 years and 3 months ago by attorney Sharon M. Siegel   |   2 Answers
While we could help, wrongful death cases are on contingency, and as part of the service, the personal injury firms will do this for you.  If yours is not, get a new firm.
While we could help, wrongful death cases are on contingency, and as part of the service, the personal injury firms will do this for you.  If... Read More

Trying to wrap up a probate matter, but confused by the Receipt and Release form.

Answered 8 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
You have a lot of questions on basic points.  You might want a lawyer.  Terminating the bond requires a petition in the court.  It is a form.  But you need an order.  Keep the estate account open until all matters are settled.  You can ignore the will if you want.... Read More
You have a lot of questions on basic points.  You might want a lawyer.  Terminating the bond requires a petition in the court.  It is... Read More

How do I get lawyer to give me the original of my friend's will?

Answered 8 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
They must either file it with the court directly, or give it to you as the named fiduciary. 
They must either file it with the court directly, or give it to you as the named fiduciary. 

Family Squatter

Answered 8 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer
You need to bring a formal eviction action in landlord/tenant court.
You need to bring a formal eviction action in landlord/tenant court.

can a person who's DNA matches mine in Ancestry.com who believes we share the same deceased grandfather file a monetary claim

Answered 8 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer
No, on several grounds.  Most importantly, the estate is concluded.
No, on several grounds.  Most importantly, the estate is concluded.

Do I have to include my two adopted daughters in my will now that they don't consider me their mom & do not want me in their lives??

Answered 8 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer
You do not.  Kids are not required to inherit anything in a will.  If you do nothing, adopted kids do share in an administration, i.e. no will, case.
You do not.  Kids are not required to inherit anything in a will.  If you do nothing, adopted kids do share in an administration, i.e. no... Read More

Affidavit of Service of Probate Citation

Answered 8 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
In state, no (must be personal).  Out of state, must be certified mail.
In state, no (must be personal).  Out of state, must be certified mail.

WHICH WILL?EXECUTOR WONT RESPIND

Answered 8 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
File an administration petition.  If she has a will, she can respond with it.
File an administration petition.  If she has a will, she can respond with it.
Wills and Probate
New York

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