New York Probate Questions & Legal Answers

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.

Recent Legal Answers

Can I get a copy of my moms will since she has passed away.

Answered 9 years and 8 months ago by attorney Sharon M. Siegel | 1 Answer

If it is filed with the court, yes. If not, then not necessarily.

Can I ask to see my mothers will before I sign legal documents stating that "I will not contest the will?"

Answered 9 years and 8 months ago by attorney Sharon M. Siegel | 1 Answer

Absolutely. It is legally required.

Is a will drawn up in Virginia legal if you die in NY?

Answered 9 years and 9 months ago by attorney Sharon M. Siegel | 1 Answer

If the will meets all of the requirements of VA law, then the NY court will enforce it if the decedent is a NY resident on death.

Common law wife wants share of assets of husband deceased without a will

Answered 9 years and 9 months ago by attorney Sharon M. Siegel | 1 Answer

There is no common law marriage in NY. Unfortunately, there is nothing you can do.

Need to file final accounting in NYS surrogate court. Need to know if there is a deadline? Can i file as Executor? Letter of testametary for estate ok

Answered 9 years and 9 months ago by attorney Sharon M. Siegel | 1 Answer

This is more complex than you think. You should have a lawyer. Sell the properties first, but if your letters are restricted then you need to have restrictions removed to sell which is a whole other proceeding. An accounting is only required if someone asks, so if you have an order to account, more has gone on than your question discloses.... Read More

This is more complex than you think. You should have a lawyer. Sell the properties first, but if your letters are restricted then you... Read More

Is a rewritten will that has different signature valid?

Answered 9 years and 9 months ago by attorney Sharon M. Siegel | 1 Answer

A handwritten will, called a holographic will, is very unfavored in NY law. The signature issue sounds like it is a problem. However, there is only a problem if someone contests, so she should file it and see what happens.

A handwritten will, called a holographic will, is very unfavored in NY law. The signature issue sounds like it is a problem. However,... Read More

why is it so hard to make a durable attorney pay back money?

Answered 9 years and 10 months ago by attorney Sharon M. Siegel | 1 Answer

If the issue is $8000, your lawyer was right. Starting a petition would be more in legal fees.

THANK YOU FOR YOUR HELP. IF A WILL HAS A SIGNATURE THAT ONLY REFLECTS WITNESS FIRST NAME (( ONLY) IS THAT A VALID WITNESS

Answered 9 years and 10 months ago by attorney Sharon M. Siegel | 1 Answer

It is valid if the witness would ID the signature as his/her own.

Can I sue the co-executor of an unprobated estate for actions against the Estate?

Answered 9 years and 10 months ago by attorney Sharon M. Siegel | 1 Answer

One, nothing is stopping you from probating the will, so do it. Two, the partition is the legal remedy for the dispute you have, so there are no "damages" for same. The Referee, if good, will try to mediate the dispute and encourage the hiring of a broker. A regular sale is going to be quicker than a partition. Thus, I am unclear why you cannot work this out. The thing could have been sold five times over since 2015 when the case started. Also, I am not sure how you got a separate EIN without a probate, so I question some of the facts you have asserted.... Read More

One, nothing is stopping you from probating the will, so do it. Two, the partition is the legal remedy for the dispute you have, so there are... Read More

How do I contest my sister? Due to 'Undue Influence'

Answered 9 years and 10 months ago by attorney Sharon M. Siegel | 1 Answer

If the will is filed, then you can check with the Surrogate in the county of your father's last residence. If it is not filed, you can file to be administrator, and then challenge the transfers. However, there is "due" influence, and "undue" influence, and if your father was competent to do so, it is very hard to challenge his choices to favor your sister.... Read More

If the will is filed, then you can check with the Surrogate in the county of your father's last residence. If it is not filed, you can file to... Read More

Opening an Estate Checking Account

Answered 9 years and 10 months ago by attorney Sharon M. Siegel | 1 Answer

We have opened many estate accounts for out of state administrators. Frankly, I do not understand why you are having this problem. However, maybe if you hired a New York lawyer with a relationship at a bank with a branch in your hometown and New York, the problem could be resolved.... Read More

We have opened many estate accounts for out of state administrators. Frankly, I do not understand why you are having this problem. ... Read More

what becomes of your debt after death?

Answered 9 years and 11 months ago by attorney Gina-Marie Lobraico-Reitano | 1 Answer

The answer is - it depends. It depends on whether or not the debt is secured (like a mortgage) and on whether or not there are estate asset. If the debt is secured then it survives because it is a lien on the property. If the deceased person has estate assets (meaning the assets didn't pass to named beneficaries) then the Estate stays open for 7 months and all creditors must report their claims during that time. ... Read More

The answer is - it depends. It depends on whether or not the debt is secured (like a mortgage) and on whether or not there are estate asset.... Read More

Father left us car in will. Car was totaled befor death. Insurance company paid $16,000 for car.

Answered 9 years and 11 months ago by attorney Gina-Marie Lobraico-Reitano | 1 Answer

I think you might have an argument but the law is that a specific bequest lapses (or fails) when the specific item left in the will - here the car- is gone. It's the same with a house. If you were to have been left a house and the house was sold before death or at death, you would not be entitled to the proceeds. Another problem is that you may have to spend almost as much as you would receive if you prevailed. Please feel free to call me if you have any questions.!! ... Read More

I think you might have an argument but the law is that a specific bequest lapses (or fails) when the specific item left in the will - here the car-... Read More

Family member signed letter of testmanet stating she was my grandmothers daughter in attempt to obtain funds she is daughter in law

Answered 9 years and 11 months ago by attorney Gina-Marie Lobraico-Reitano | 1 Answer

The issue of criminality is outside my purview. You can, however, probate the will to gain the authority to act on your grandmother's behalf, which would allow you to investigate the funds that were taken. Please feel free to contact me if you have any questions.

The issue of criminality is outside my purview. You can, however, probate the will to gain the authority to act on your grandmother's behalf,... Read More

How can an executor be removed from his duties?

Answered 10 years and 4 months ago by Alice Jakyung Choi (Unclaimed Profile) | 1 Answer

The person is not yet an executor, but merely a nominated executor. You can commence a proceeding for him to produce the original Will. If you are a distributee of your Aunt's estate, then you can try to commence an Administration proceeding as well. I would need more information to adequately answer your question. ... Read More

The person is not yet an executor, but merely a nominated executor. You can commence a proceeding for him to produce the original Will.... Read More

I have a question about JTROS and wills. .

Answered 10 years and 8 months ago by Alice Jakyung Choi (Unclaimed Profile) | 1 Answer

Hi David, If the account is set up as joint accounts, then the funds will pass to you by operation of law, without going through the estate (meaning, her Last Will and Testament will not control those assets). She does own half of the assets in the joint account so she may take out the funds and set up a separate account without benficiary designations and distribute that as the way she wants. Hope this helps! Thanks, Alice... Read More

Hi David, If the account is set up as joint accounts, then the funds will pass to you by operation of law, without going through the estate... Read More

In NY, is it possible to leave my spouse out of my will and leave all of my estate to my children?

Answered 12 years and 3 months ago by attorney Corey Brent Rabin, Esq. | 1 Answer

Unless your spouse has signed a prenuptual agreement, or if they will sign a postnuptual agreement now, you cannot leave your spouse out of your will. In NY, spouses have a right to inherit property from their mate unless this right is waived in writing.

Unless your spouse has signed a prenuptual agreement, or if they will sign a postnuptual agreement now, you cannot leave your spouse out of your... Read More

whom can you refer to make a will?

Answered 12 years and 3 months ago by attorney Corey Brent Rabin, Esq. | 1 Answer

The fees for the preparation of wills vary depending on the amount of time and the complexity of the document being drafted. A simple will should not cost in excess of $750.00 and will include the preparation of other documents you should consider having prepared - a Living Will/HealthCare Proxy, and a Durable General Power of Attorney.... Read More

The fees for the preparation of wills vary depending on the amount of time and the complexity of the document being drafted. A simple will should not... Read More

How can I get my monetary share of a home my father left to my brother, sister, and myself if my brother moved into the house with his family?

Answered 12 years and 3 months ago by attorney William R. Pelger | 1 Answer

Either your brother agrees to buy you out or pay you rent. If he does not, you have to force the issue. If the estate is still open, it will be easier. If the estate is closed, you need to file a court action to remove him. Contact a local NY lawyer for the details.

Either your brother agrees to buy you out or pay you rent. If he does not, you have to force the issue. If the estate is still open, it will be... Read More