Archived
My mother died , my brother is named as executor in her will. His wife is taking care of the estate business. Is this legal
Michael's answer
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Answered on January 04, 2015
It's not clear whether you are suggesting that your sister-in-law is assisting her husband in handling the estate or whether she's involved in some...
Archived
What happens when some one dies, and they still owe mortages and credit cards
Michael's answer
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Answered on January 04, 2015
Mr. Elie gives you good advice. You should consult with a local attorney; in doing so, you should have a list of family members available to you,...
Archived
Could there be a conflict of interest?
Michael's answer
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Answered on January 04, 2015
An executor who is called upon to decide whether a loan to himself during the testator's lifetime has been excused is, almost by definition,...
Archived
As executor of my dad's estate my brother expects me to pack up and ship 90% of my dad's belongings. the Will states 50/50
Michael's answer
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Answered on January 04, 2015
The executor's job is, among other things, to marshal and distributee estate assets. You don't provide enough information for any of us here on...
Archived
If a person gets an Ihheritance from someone who passed away is that money exempt from any
Michael's answer
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Answered on January 04, 2015
I am a NY attorney and cannot advise you as to your state's laws. I can, however, give you general information that may be helpful. There is no...
Archived
If grandparents leave a estate and their daughter is deceased does the estate go to the grandchildren or the husband of the dece
Michael's answer
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Answered on January 02, 2015
I am a NY attorney and cannot advise you as to your state's laws. You don't say whether there was a will. If there was, the will controls if...
Archived
Is it advisable to contest the revised will of my mom who died at 96 and suffered from alzheimer's.
Michael's answer
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Answered on December 31, 2014
There are a lot of factors that must be evaluated to determine whether a will contest is advisable.
You say it's a "revised will." One of the...
Archived
If there is stock in an estate, will there be a tax problem if the estate sells the stock?
Michael's answer
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Answered on December 30, 2014
Mr. Whalen gives you good advice. When assets vest in an estate, there is a "stepped-up basis," which means that it's acquired at the value that...
Archived
Can someone else step in and handle an estate when the executors did not do it?
Michael's answer
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Answered on December 27, 2014
In most states, persons interested in the estate (i.e., legatees of the estate) have the right to petition the court to remove a recalcitrant...
Affidavit Of delay (Administration). Where can I find a template??
Ready to file for Letters of Administration.
Michael's answer
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Answered on December 27, 2014
I don't think I've ever seen an official form for an affidavit of delay in Surrogate's Court, but the Administration department in Surrogate's...
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