Archived
When my brother died before splitting our inherited shares of stock his wife cashed them in. Is there any way I can get my half
Michael's answer
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Answered on June 11, 2017
I can pretty much guess that when you were petitioning for probate and acting as executor, you were not represented by an attorney. I hope that...
Archived
Consequence of executor not listing the true value of the estate in petition to probate, i.e not disclosing 60K house ?
Michael's answer
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Answered on June 11, 2017
It's impossible to tell you what was in the executor's mind. People do a lot of strange things for a lot of strange reasons. The bank account...
Can an attorney keep a retainer fee if the person passed after she paid the fee?
Michael's answer
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Answered on June 11, 2017
It does not sound as though the attorney is "keeping" the retainer, but, rather, that he cannot refund the funds to you because upon your sister's...
Archived
How how long does it take for an Executor to have to pass over to the inheritor?
Michael's answer
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Answered on June 11, 2017
It doesn't sound like waiting any longer is a strategy that you should employ. Unless there are lots of complications, the transfer of the deed...
Should possible heirs be told of content of will before will is read ?
Michael's answer
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Answered on June 10, 2017
First, the "reading of the will" is primarily a construct of filmmaking -- in real life, it is almost never done.
As a stepchild, you are not...
Archived
My name on Mom's checking account as an owner.Upon her death I became owner. Is it legal to list as estate asset, probate app.?
Michael's answer
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Answered on June 09, 2017
If the account was joint with right of survivorship (or if you were a designated beneficiary), the account would pass to you outside of probate. ...
Archived
I am trying to retain a lawyer to remove my sister as executor of my late mother's estate?
Michael's answer
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Answered on June 08, 2017
Removing an executor is difficult. Before you meet with an attorney, make a list of all the things you believe she did wrongly. In doing so,...
Pros and Cons of taking a partial distribution offered by executor without knowing when rest will be distributed??
Michael's answer
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Answered on June 08, 2017
Take the money now. And don't worry about the fact that the executor wants to retain a small reserve fund.
Good luck to you.
Archived
What possible legal authority could my dad have granted his brother for us not to have any say OR influence as to this home?
Michael's answer
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Answered on June 08, 2017
As an initial matter, you should have an attorney look at the deed -- with a tenancy-in-common and a life estate, there may be some aspects of the...
In New York what happens to real property not specifically listed in will? Does is fall under residual clause in the will?
Michael's answer
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Answered on June 08, 2017
If the house was solely in the name of the decedent, then it would be governed by the will. If the will does not list the house specifically or a...
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