Rudolf J. Karvay's Answers

Mom is living, how can I obtain a copy of her will without her knowing?

You have no right to see your mother's will without her permission.

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The lawyer that completed my mother's will has the original. Do I have to pay him to get the original will to file with Probate?

You do not need to pay a fee just to have the will turned over to you. However, if you intend to have an attorney represent you then legal fees will be charged.

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How do I get an audit done of the estate to which I am a beneficiary?

The first step to the file a petition with the Surrogate's Court to compel the Executor to file a judicial accounting. You would then be entitled to examine all of the acts of the Executor in relation to the administration of the estate. I suggest that you retain an attorney to assist you with this.

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Would the executor of an estate find it beneficial to stall settling the estate in order to collect more executor fees ?

Executor's fees or commissions are not based upon the length of time that it takes to settle an estate. Rather, fees are based upon the monetary value of the estate and the percentages to be charged are set by statute. Therefore, the answer to your question would be no. I have provided a link below to an article which discusses executor fees in greater detail.

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New York State estates without will

Assuming Albert died without a will, the house passed 50% to R and 50% to K. Assuming R died without a will and unmarried, his share of the house passed to his son. When K died, her share passed to her husband, your father. Your father should have received a deed from R when he paid him the $150,000 because without a deed R's share of the house was never transferred to your father. Your father needs to address this complicated situation as soon as possible. I strongly suggest that your father...

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EXECUTOR TO THE ESTATE FEE

In New York, Executor's commissions are set by statute. For informational purposes, the rates are as follows: 5% of the first 100,000 4% of the next 200,000 3% of the next 700,000 2.5% of the next 4,000,000 2% of amounts exceeding 5,000,000 For example, if the estate totals $1,000,000 the commission would be $34,000. This illustration is rather simplified so I suggest that you seek out the advice of an attorney before calculating your commissions.

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Compel an accounting in New York state

The proceeding is commenced by filing a petition with the Surrogate's Court asking that the Fiduciary be required to file a judicial accounting. The petition does not usually specify the period for which the accounting is sought. Usually, the period of the account encompasses the entire time that the fiduciary acted as such. The legal fees cannot go beyond what is considered reasonable for the work performed and would be subject to court review. Attorneys fees may be paid at anytime during...

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My wife has a trust and filed divorce

I agree you need to be represented in the divorce proceedings.

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Does a witness to a Last Will and Testament in NY ever have to appear in court if will is not contested??

At the time that the will is signed, the witnesses usually sign an Affidavit of Witnesses (a/k/a Self Proving Affidavit). Normally, the Affidavit allows the probate process to proceed without the witnesses being contacted at all. However, if a party demands an examination of the witnesses, they will be required to give testimony. A party to the probate proceeding may demand an examination of the witnesses even before contesting the will. So, the answer to your question is that generally the...

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Can i petition for administration of my father's estate?

You may not to to file for administration. In New York, real property passes to the distributees by operation of law. If your father was not survived by a spouse, the distributees would be his children. What this means is that you and your siblings may be the legal owners of the property. If that is the case, you may need to bring a partition proceeding to force a sale of the property. Consult with an attorney to determine the correct course of action.

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