Archived
Can a real estate lawyer change a date on a check and put his initials there in place of mine
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Answered on December 21, 2012
Changing any information on a check may invalidate the check, even if it is initialled, depending on your financial institution. Making any...
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Archived
Judge entitled a wrongful death trust fund of $20,000 to me after dads death nowhere found how do i find it?
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Answered on July 26, 2012
Mr. Seldon gives you a good starting point. Go down and visit the court that supposedly Ordered this settlement. You may want to speak with...
Archived
If my brother dies without a will.. He has 1 son and 4 siblings. who gets what? One sibling adopted NY state.
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Answered on July 25, 2012
Under your fact pattern, the surviving son would get everything. Without a Will, NY's intestacy statute controls. This says that the order of...
Archived
Who has rights over my sisters things, me as her sybling or her childrens father?
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Answered on July 23, 2012
If there is a Will for your sister which contains instructions as to how her property is to pass, then that is controlling. If there is no Will,...
Archived
What happens if a person passes away and the house goes to probate and there is ni will
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Answered on July 20, 2012
Whether or not somebody had a Power of Attorney becomes irrelevant upon death as the POA expires with the death of the Principal. If there is a...
Archived
Can an executor refuse to probate a will claiming there are no assets remaining, after he took everything without POA?
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Answered on July 19, 2012
Firstly, nobody is executor until a court says you are executor. Merely being named in a Will gives no rights in and of itself. The Will has to...
Archived
Are Fed/State taxes paid from estate assets & remaining assets distributed as per the will or are beneficiary values taxed
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Answered on July 16, 2012
This question can only be answered by reveiwing the Will. Since you mention that you have a specific dollar bequest and others a percentage, there...
Archived
What type of deed do I have?
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Answered on July 15, 2012
In NYS the default ownership of a jointly held deed is as Tenants in Common (TIC). If you wish to change the form of tenancy, you should speak...
Archived
Im administratrix of my deceased bf estate.in new york what percentage does administartrix get from estate?
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Answered on July 14, 2012
NY's fiduciary commission schedule is a declining sliding scale as follows: 1) 5% of the first 100K; 2) 4% of the next 200K (ie- amounts from...
Archived
Need help with a will Please
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Answered on July 14, 2012
First off, my condolences on your recent loss. Two weeks is generally not a great delay to provide notice to a potential beneficiary. You mention...
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