Archived
Can a beneficiary of an estate who has committed a fraud on a portion of the assets, petition to become the administrator
Michael's answer
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Answered on January 25, 2017
Here in New York, the Surrogate's Court Procedure Act sets forth the requisites for a person to become a fiduciary for an estate. Section 706 of...
Archived
I am executor of an estate and the deceased son has changed the locks on the house. What can I do?
Michael's answer
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Answered on January 24, 2017
You are the nominated executor, and have no authority to act. You might want to seek temporary powers. But without an attorney, you are likely to...
Archived
What is included in judicial accounting
Michael's answer
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Answered on January 24, 2017
Such an accounting is extremely detailed and is not merely a common-sense approach. If you are required to provide a judicial accounting, you...
What do I need to do for/at a Probate Order to Show Cause hearing. How do I prepare?
Michael's answer
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Answered on January 23, 2017
This site is not designed for attorneys to teach laymen how to handle legal proceedings. There is, however, a place where that is done all the...
Archived
What will happen to me legally, if I gave half of an inheritance to someone else?
Michael's answer
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Answered on January 23, 2017
You have a attorney. So you should consult with him or her. In any event, regardless of whether this gets criminalized, I would expect that it is...
Archived
What do I do as an administrator of my mother's estate?
Michael's answer
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Answered on January 23, 2017
Your posting is inexplicable. If your sister "never probated the estate," then there is nothing for her to do to "comply with the terms of the...
Archived
Should I Refuse To Be Executor?
Michael's answer
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Answered on January 23, 2017
As a general rule in probate and, for that matter, in all of life, if there is no upside there is only a downside. Here, there is no upside for...
Archived
What can I do to get POA to distribute estate?
Michael's answer
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Answered on January 23, 2017
Your reference to a power of attorney may be mistaken (because a power of attorney terminates upon the principal's death). If, however, you are...
Archived
Amending the stipulations of a will already in place
Michael's answer
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Answered on January 23, 2017
You ask whether you can "do the same thing" as your father's wife; since the only thing you have said that she has done is to hire an attorney,...
I have found a codicil. Is this codicil valid or legal? To what degree? Do I have to present it to court? or just ignore it?
Michael's answer
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Answered on January 23, 2017
Even though the codicil may not be valid, do not under any circumstances take it upon yourself to destroy or withhold the document. Either file it...
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