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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 7
Do you have any New York Probate questions page 7 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 husband and i do not own property

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
No one can answer the question without more detail, but in general, if you are looking to qualify for medicaid for the nursing home then you need to put your assets in a trust.  You can also buy long term care insurance to cover these costs.  Trusts have downsides since you must give up control over your money.... Read More
No one can answer the question without more detail, but in general, if you are looking to qualify for medicaid for the nursing home then you need to... Read More

My father died in Boston without a will and he left a small Lot of land in the Caribbean. The law requires that we get a Affidavit of Law from Boston

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
We have done these for New York.  I am familiar with this process in many countries.  You need a lawyer in Boston.
We have done these for New York.  I am familiar with this process in many countries.  You need a lawyer in Boston.

Who took over Sudoti's law practise in Rochester NY?

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
Call the bar association in the county.  They often have information on this.
Call the bar association in the county.  They often have information on this.

if I wanted to find a family members will out there how could I go about that

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   2 Answers
Call the probate court for the county in which he died.  Otherwise, unless you know who has the will, you cannot see it.
Call the probate court for the county in which he died.  Otherwise, unless you know who has the will, you cannot see it.

My grandmother passed away & her boyfriend won't give me a Grandfather Clock that her last husband bought for her back. Do I have a leg to stand on?

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
You have no realistic case.  In theory, you could open an estate and seek turnover of her personal property, but as a clock is not titled, he can simply say it is his clock, and you are basically done.
You have no realistic case.  In theory, you could open an estate and seek turnover of her personal property, but as a clock is not titled, he... Read More

Is anyone willing to help with contesting a will that has never reached probate?

Answered 9 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
This is an issue for North Carolina.
This is an issue for North Carolina.

Total cost of legal service for uncontested will

Answered 9 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
A couple thousand, with more for the closing on the property to transfer title.
A couple thousand, with more for the closing on the property to transfer title.

Mother left will.brother refuses to show what's on it

Answered 9 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
You did not say if the will was filed with the court and your brother is the executor.  If no, file for an administation.  If yes, you need to file for an accounting and distribution.
You did not say if the will was filed with the court and your brother is the executor.  If no, file for an administation.  If yes, you need... Read More

How do I find my lawyer from NV whose office has closed ?

Answered 9 years and 3 months ago by attorney Sharon M. Siegel   |   2 Answers
Call the NV state bar.  In NY, there is a process for this, and I am sure NV has the same idea.
Call the NV state bar.  In NY, there is a process for this, and I am sure NV has the same idea.

Sister died more then a year ago. Was wondering about two rings that were promised that haven't been delivered.

Answered 9 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
It depends how they were promised.  If in a will, you should have them. If by your sister, you will never get them unless your nephew wants to do so out of charity to you.
It depends how they were promised.  If in a will, you should have them. If by your sister, you will never get them unless your nephew wants to... Read More

HOW OLD DO YOU HAVE TO BE TO COLLECT AN AMOUNT FROM A WILL?

Answered 9 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
To collect it outright she must be 18.  If she is younger, a guardian will be appointed for that purpose.  She should not wait.
To collect it outright she must be 18.  If she is younger, a guardian will be appointed for that purpose.  She should not wait.

Is a will still valid if one of the children names is listed as a nickname

Answered 9 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer
I am not sure what the issue is.  Listing a nickname in a will is irrelevant if it is clear who the testator means.  Wills signed by blind people are a special case and there is much litigation on these issues.  If the reading of the will varied from the will that is a problem, but it sounds like it may be too late to raise some issues.  I am not sure from the post what you are supposed to get, and what you did not get.... Read More
I am not sure what the issue is.  Listing a nickname in a will is irrelevant if it is clear who the testator means.  Wills signed by blind... Read More

can a post marital agreement be revoked in a will?

Answered 9 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer
The post nuptual agreement will determine how it can be revoked.  The will and revocation can be challenged on the usual grounds, but it is an uphill fight.  You can also challenge jurisidiction in NY.  However, you need to object to probate on those grounds.  As next of kin, you will be served with the citation for the court hearing.... Read More
The post nuptual agreement will determine how it can be revoked.  The will and revocation can be challenged on the usual grounds, but it is an... Read More

Wills and foreclosure

Answered 9 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
You have no responsibility if you were not duly appointed by the court as executor.  Even if you were, you can let the house be foreclosed if there is no equity.
You have no responsibility if you were not duly appointed by the court as executor.  Even if you were, you can let the house be foreclosed if... Read More

How do I transfer my mobile home to my name after my husband passed away without a will?

Answered 9 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
You need to do an administration.  The value of the asset will determine whether you can do a voluntary proceeding.  Under the law, you are entitled to the first dollars up to $50,000.  You do not have to have a lawyer, but it is easier.
You need to do an administration.  The value of the asset will determine whether you can do a voluntary proceeding.  Under the law, you are... Read More

As Executor must I file a Family Tree Affidavit when no family members are beneficiaries... The meaning of ETPL 4-1.1 and 4-1.2 is difficult to fathom

Answered 9 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
I am not an auto mechanic.  When I open the hood of my car, it is difficult for me to fathom.  I work with the EPTL every day.  To me, it is not difficult.  Every estate needs a family tree affidavit, regardless of the beneficiaries, and the next of kin need notice of the probate, even if they are not in the will.  Call a lawyer.... Read More
I am not an auto mechanic.  When I open the hood of my car, it is difficult for me to fathom.  I work with the EPTL every day.  To me,... Read More

Parents past away will left 50/50

Answered 9 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
If you have the will, file for probate.  If you do not, file for administration.  That will smoke her out and the will.
If you have the will, file for probate.  If you do not, file for administration.  That will smoke her out and the will.

do you handle wills, involving a home?

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
Just title the home in both names, as tenants by the entireties.  That will not deal with who gets the home when you both die, but it will insure that the survivor among you gets the home.
Just title the home in both names, as tenants by the entireties.  That will not deal with who gets the home when you both die, but it will... Read More

What should be done to settle a relative's estate?

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
Skip the will and do a small estate administration.  It is not hard.
Skip the will and do a small estate administration.  It is not hard.

distribution of real estate

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
You need to bring a petition to compel filing of the will.  Or, you can file a copy, and then see if she turns in the original.  Or, you can file an administration if you have no personal knowledge the will exists at all.
You need to bring a petition to compel filing of the will.  Or, you can file a copy, and then see if she turns in the original.  Or, you... Read More

Can I inherit a house left to me before the age it says in the will I can get it

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
No.  The will will govern.  There is nothing you can do.
No.  The will will govern.  There is nothing you can do.

can my name be remove from a will at probate without my knowledge

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
No.  A will is probated after death.  At that point, whatever the person wrote cannot be changed.
No.  A will is probated after death.  At that point, whatever the person wrote cannot be changed.

Probate and process and why

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
As next of kin, if there is a will, you need to be served with a citation for probate.  You are also entitled to a copy of the will.  Who is asking for information?  Death benefits usually have a pay on death provision, and the boyfriend might be that person.  One way to handle it is to file an administration as next of kin, and see what shakes out.... Read More
As next of kin, if there is a will, you need to be served with a citation for probate.  You are also entitled to a copy of the will.  Who... Read More

How do i go about executing my grandfathers will.

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
You really need a lawyer.  The form you are referencing is for something else.  The issue is whether the will should be probated at all, or you should just do an administration proceeding, which you can initiate as next of kin.  While in some sense you will be filling out forms, the forms you need will depend upon your family tree and other matters that require a short consultation.... Read More
You really need a lawyer.  The form you are referencing is for something else.  The issue is whether the will should be probated at all, or... Read More

my parents pass on with out a wiil who makes the dession on the property

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
When people die without a will, the next of kin file an "administration" proceeding, and someone is appointed administrator of the estate.  Property goes to next of kin in a distribution governed by statute.
When people die without a will, the next of kin file an "administration" proceeding, and someone is appointed administrator of the estate. ... Read More
Wills and Probate
New York

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