George Howard Dippel’s Answers

George Howard Dippel

Flushing Real Estate Attorney.

Contributor Level 8
  1. Are wills, trusts ect. filed with a county office ? Should they be.

    Answered 7 months ago.

    1. George Howard Dippel
    2. Joseph Franklin Pippen Jr.
    3. Anastatia Quirk Ellis
    4. Michael Leo Potter
    4 lawyer answers

    A will can be filed with the Surrogate's Court while the testator (the person who signed the will) is still alive, though this practice is not common in New York State. On drawback to filing a will while a person is living, is that anyone mentioned in the filed will as a beneficiary is a necessary party to any proceeding to probate a subsequent will. For this reason, it's best not to file a will with the court while a person is alive otherwise you'll give a beneficiary in a prior filed will...

    8 lawyers agreed with this answer

  2. Do I need to go through probate court?

    Answered 28 days ago.

    1. George Howard Dippel
    2. Anthony Nigro
    3. Paul W. Wolf
    4. Shelley Ann Elder
    5. Joseph Franklin Pippen Jr.
    6. ···
    6 lawyer answers

    In order to gain access to your mother's solely owned assets you need to probate your mother's will. The first step involves preparing a probate petition and related documents and filing them, together will the original will and death certificate, with the Surrogate's Court. When the will is admitted to probate you will receive a document from the Surrogate's Court called Letters Testamentary which will allow you to collect estate assets. This process is often quite complex and I suggest you...

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  3. I have general questions about Wills and the Probate process...

    Answered about 1 month ago.

    1. George Howard Dippel
    2. William Anthony Massarweh
    3. Bryan Lane Berson
    4. Michael S. Haber
    5. Peter J Weinman
    5 lawyer answers

    In the simplest scenario, your attorney would prepare a probate petition to be signed by the nominated executor and then file the petition, original will, death certificate, consents from all distibutees (heirs) together with the filing fee with the appropriate Surrogate's court. In some cases additional documents may be required, such as a family tree affidavit, an affidavit of service of notices to non distributee beneficiaries and attesting witness affidavits. An attorney an advise you of...

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  4. How do I avoid filing a bond for a Testamentary Trust in the below scenario:

    Answered about 1 year ago.

    1. George Howard Dippel
    2. Joseph Michael Pankowski Jr
    3. Joseph Franklin Pippen Jr.
    4. Michael Todd Shilinski
    4 lawyer answers

    The will may have a provision (as most do) stating that the executor and trustee need not post a bond. If so, the court will not require one. If the will doesn't have this provision, then if the beneficiaries sign consents (assuming they are of age) waiving the posting of a bond and the executor gives an affidavit that all creditors have been paid, the court may dispense with the posting of a bond. You should retain an attorney if you haven't already done so.

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  5. Can probate be avoided if all assets are self-directed except tangible personal property having car titled to Testator?

    Answered over 1 year ago.

    1. George Howard Dippel
    2. Rudolf J. Karvay
    3. Justin Eric Elder
    3 lawyer answers

    If the deceased person is survived by a spouse, New York law provides that certain assets owned by the decedent are "exempt" and therefore not part of the decedent's estate. In such a case no probate or administration is necessary. One example of exempt property is a car worth up to $25,000.00. In that case the Motor Vehicle Department would just require proof of marriage and a death certificate to re-title the car in the name of the surviving spouse. If the survivor(s) is not a spouse, a...

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  6. Can a condo be sold before probate?

    Answered about 1 year ago.

    1. Bridget Ann O'Toole
    2. Jayson Lutzky
    3. George Howard Dippel
    4. Gary Todd Dupler
    5. Michael Davidov
    6. ···
    6 lawyer answers

    If the issuance of letters testamentary is being delayed due to a search for missing heirs, you should consult with your attorney about petitioning for preliminary letters. Preliminary letters are issued when the probate process is delayed, such as in your case, and assets need to be sold to prevent losses to the estate. The Court will require the posing of a bond by the preliminary executor, but otherwise preliminary letters allow the executor to collect and sell assets pending the issuance...

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  7. Grandmothers will not probated

    Answered 12 months ago.

    1. Noah D. Cohen
    2. George Howard Dippel
    3. Joseph Franklin Pippen Jr.
    4. Sharon Melissa Siegel
    4 lawyer answers

    The advice I would give your father would be to retain an attorney who practices in the areas of real estate and probate. Depending on the contents of your grandmother's will, it may be necessary to commence a probate proceeding. Whether or not your grandmother's will is not probated, your father will need to ascertain who his step brothers' descendents are. In addition to being necessary parties to a probate proceeding, they are intestate heirs of your grandmother, who together with your...

    5 lawyers agreed with this answer

  8. Do I need Togo to probate if deceased dad's will says brother and I inherit house 50/50?

    Answered about 1 year ago.

    1. Roman Aminov
    2. Celia R Reed
    3. Peter Christopher Lomtevas
    4. Matthew Scott Kam Tannenbaum
    5. George Howard Dippel
    6. ···
    6 lawyer answers

    If you and your brother are your father's only heirs, title to the home vests in you and your brother as tenants-in-common. You can sell the home without probating the will and generally only need to provide the buyer's title company with a death certificate and an affidavit from a third party stating that you and your brother are the only heirs. You would only need to probate your father's will if there other assets just in his name and not passing to you and your brother by operation of law...

    5 lawyers agreed with this answer

  9. Is there a time limit on filing probate in NYS

    Answered 7 months ago.

    1. George Howard Dippel
    2. Anthony Nigro
    3. Peter J Weinman
    4. Michael S. Haber
    4 lawyer answers

    There is no time limit on petitioning for probate of a will. If you can't locate the original will, there is a presumption that it has been revoked by destruction. You would have to rebut that presumption in any proceeding to probate a copy, not an easy task. When a person dies intestate (without a will ) New York's law of decent and distribution provides that the surviving spouse receives $50,000.00 and one-half of the balance of the decedent's estate. In addition, the surviving spouse id...

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  10. What paper a person should make in order to leave some gift after he dies?

    Answered about 1 month ago.

    1. George Howard Dippel
    2. Alan James Brinkmeier
    3. Shelley Ann Elder
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    Only a valid will or revocable trust can direct the disposition of a person's solely owned property, such as a painting, after their death. Letters or other writings signed by the owner, which do not meet the legal requirements of a will or trust, would not be effective in transferring the property to you.

    4 lawyers agreed with this answer