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Sharon Melissa Siegel
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Sharon Siegel’s Answers

672 total


  • What do you do when the executor of a estate with hold assets from probate court to keep another from claiming funds from a 401k

    companion worked over 30years on job daughter never listed all assets in court and now the state has the money. Now I find out that the stocks ,matured endowments, cash dividends how can she not know when she received all paperwork from his employer

    Sharon’s Answer

    I agree with the prior answers. I would also that a named executor is not appointed as executor under he or she duly qualifies as executor. Only the court can make this decision. You have several options. You can petition the court to compel the probate, you can probate a copy and seek letters cta, you can apply for letters of administration and serve the named executor. I would consul a lawyer.

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  • Who do we have to notify when moving out of state for OTG

    My wife and I are other than guardian for our granddaughter. We have had her for 5 years with visitation set as agreed upon. Who must be notified if we move out of state.,

    Sharon’s Answer

    Usually you need a court order to move out of state. Check the guardianship order and see if you have the authority to move the child. If not, you need to petition the court. I would assume your authority comes from the Surrogate's Court, but it could be the family court as well. I would consult a lawyer.

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  • My uncle died and made a bank acct for my daughter before he passed with his name and my daughters name on it n the acct is

    dormant... i went tothe bank and they said i need to go to court to get the acct in my name n get custodial gardianship of the acct but i dont know what court to go to or if ill need lawyer or how to go about it... if u can help id apprieate it......

    Sharon’s Answer

    A bank usually says an account is "dormant" when there is inactivity. I would suggest having a lawyer write to the legal department of the bank and get an extension on the dormancy issue until you can sort out the details. A financial institution can extend the time.

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  • Why Letters of Administration if there IS a will?

    My relative had a will and the executor/attorney has it. Why would they still file for letters of administration? I called the executor the other day to check the status and I was told the Letters of Administration should be done Friday. It doesn'...

    Sharon’s Answer

    I agree with the prior answers. However, you must be careful. Sometimes an executor does not probate the will because he or she stands to get more from an administration proceeding. Just a thought. I am not saying that this is the reason, but I have seen it done. Check the will and make sure you stand to gain the same amount.

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  • Can I avoid probate if I am a sole heir?

    My mother and father had a will together many years ago and they both are now deceased, my mother just recently. All the money was held in financial accounts where both my mother and I were co-holders of the accounts. I am an only child. Is the...

    Sharon’s Answer

    I agree with all of the answers provided already. The only thing I would want clarification on is your what you meant by "co-holder". Do you mean joint tenants with right of survivorship? If so, go with a death certificate.

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  • The executor for our relative's estate is not doing due diligence. Should we hire an attorney to represent us?

    My relative had a will and an executor named in the will. We believe the executor is not doing due diligence to protect the estate while it goes into probate. He is also not communicating with the landlord of the deceased's apartment or with us. W...

    Sharon’s Answer

    If you have an interest or a potential interest in seeing that the estate is properly managed, I would suggest that you hire a lawyer. When a beneficiary has a lawyer, an executor is usually more careful, even if the lawyer does very minimal work.

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  • What happens if the person chosen in a living trust dies before the grantor? Will property be considered the deceased estate?

    Grantor does not want the property to go to the deceased family. Wants to benefit someone else.

    Sharon’s Answer

    If the Grantor is alive, he or she may be able to amend the trust document. If the trust is revocable, the Grantor can usually even revoke the entire trust. Even in an irrevocable trust, there is a methodology of amending the document. It is more complex, but worth discussing if that is the beneficiary is the only change.

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  • Should an equal principle in durable POA who lives out of state renounce his POA status?

    Our father named all 3 children as equal principles, who must act together, in his Durable Power of Attorney. He is now incapacitated: both mentally and physically, and must move into a nursing home. We need to activate the POA but our brother l...

    Sharon’s Answer

    The language of the power itself governs. Most of the time it will state if agents need to act together or not. If you have a disagreement, you may wat to consider filing for guardianship. I agree you should consult a lawyer for.

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  • Is a spouse responsible for her husbands medical bills if he dies and if she has a house can they take it of her?

    She has a condo in her name. Can they take it of her?

    Sharon’s Answer

    Pursuant to the doctrine of necessaries, a spouse is responsible for some of her husband's medical bills. The creditor could absolutely place a lien on a. Condo. In my opinion, you should consult a lawyer and do some estate planning for yourself.

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  • Can money be disbursed to an heir before an estate is settled?

    My aunt bequeathed me a small legacy amounting to approximately a .007th share of her total estate. Two of the main heirs are preparing to contest the Will on the grounds of undue influence on the part of the other main heirs. 1404 depositions a...

    Sharon’s Answer

    No because if the will is overturned, you may not be entitled to anything. If you are a creditor, under specific circumstances you could get your claim paid.

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