Richard Bryan's Answers

Am I entitled to any of my deceased mothers checking account balance?

You've got a problem. As Mr. Fromm has explained, you need to get a lawyer and proceed with administering mom's estate. Regardless of whether or not your brother decides to honor your agreement, you two should see a lawyer anyway to understand your obligations to creditors and third parties. You or your brother (or both) need legal authority to settle mom's affairs; you can't simply get together and decide how to proceed. New York has laws which apply when people die, and you want to make...

1 person marked this answer as helpful

How can we find out if there is a Will?

Mr. Fromm's answer is the way you should proceed. Good luck.

1 person marked this answer as helpful

Can I name to people as having same equal financial power?

The New York Power of Attorney statute was recently amended and significant changes were made. You have a great many more options to accomplish your goals. But the answer to your question is 'yes,' you can name joint agents to act jointly. Good luck. Rick Bryan New York, NY

1 person marked this answer as helpful

My father died, intentioannly excluded me from the will.

Well of course you can hire an attorney to do a preliminary investigation and perhaps file objections, and maybe the lawyer will uncover something wrong with the will. However, if the will was properly executed, realistically it is not very likely at all you would be successful based on the fact that "things had changed," and maybe you patched things up between yourself and dad and your siblings before dad passed. Dad could have changed his will, but he didn't. You may not have anything to "...

1 person marked this answer as helpful

Administrator to estate is hiding assets

I am sorry to hear of your dad's passing. The estate's fiduciary is legally obligated to follow the letter of the law and is accountable for their actions. That being said, the law generally does not allow interference with the fiduciaries' activities. There's nothing you can do to 'monitor' the situation. You will be given an opportunity to review all records in due course. I hear your frustration, but the reality is the system would be completely unworkable otherwise. Banking and...

1 person marked this answer as helpful

Can you fund a first party SNT with only a 3 family residential property ? Would one result be a loss of property basis step-up?

Obviously you understand this is a sophisticated area of the law and you are very much aware of the overlapping estate planning and medicaid planning issues and that there are very, very technical nuances to the law which must be researched and applied to your fact pattern. My advice is to get out your checkbook and make an appoinment to see one of the dozens of experienced attorneys in Nassau who can review your facts and apply the law. Nice job on the question though; this is really a very...

How to change a lawguardian?

You have to go to a lawyer familiar with this area of the law and let him or her ask you about the facts and then guide you on how to proceed. There are many good lawyers in Wantagh who can help you. Good luck.

Hello. my father passed away 5 months ago. the will is not found yet. my father was remarried for 35 years without children.we

This is a tough situation. I wonder how close you are with dad's wife. Have you discussed the matter with her? She is entitled to begin the administration process. You can hire a lawyer and file the petition, but dad's wife is almost certainly going to receive Letters of Administration, unless she is disqualified somehow. It's a tough spot; but in the end I think you're going to have no choice but to see a lawyer on this one. Good luck. Rick Bryan, Esq. 237 1st Ave, 201 NY NY...

My father passed away in feb of this year . he had 3 ins policies. we submitted paperwork to 2. my sister and i appointed my bro

If there is a lawyer representing your brother as executor of the estate, it's unlikely you are going to be cheated out of your share of the estate. The lawyer is not putting his or her law license on the line and risking his or her career, etc., to benefit your brother, that's for sure. It sounds odd, but the lawyer isn't required to return your calls and/or provide you with ongoing narration of what is happening. The lawyer is representing your brother, not you, and everytime you call it's...

What do i have to do with my moms house

Yes unfortunately you're going to have to go through all the steps to administer mom's estate. That's the only way legal title to the house can be transferred. Someone with legal authority to do so has to sign the deed to transfer ownership of mom's house, and that legal authority is only granted by the Surrogate's Court in the county where mom lived when she died. Right now you're stuck; there's no way to transfer the house into your name. Mom is not around to sign the deed, and neither...