Archived
Can the executor of my mother's estate disregard what the will says and distribute the funds another way?
Michael's answer
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Answered on November 16, 2017
The issue is not whether it's hearsay. The issue, instead, is whether oral statements can constitute a will (or a codicil, which is an amendment...
Archived
Would a property liability claim be handled by estate home insurance in this case?
Michael's answer
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Answered on November 16, 2017
Real property in an intestate estate passes by operation of law, so that you are the owner of the property upon the death of the decedent, even if...
Archived
Can executor of will include personal property of the deceased in sale of condo?
Michael's answer
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Answered on November 16, 2017
Personal property is divided as the will specifies, or, as in your case where the will does not specify, in such a way that the executor deems...
Archived
How to reduce liability when inheriting a NY home if heir lives in another state?
Michael's answer
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Answered on November 16, 2017
First, speak with your insurance company. Second, be aware that between contract and closing, risk of loss is governed by the terms of the...
Archived
Can I omit answering question 6 of the affidavit of settlement of estate form if my mother died leaving a will?
Michael's answer
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Answered on November 16, 2017
It's not clear whether you are referring to a probate petition. Paragraph "6" in a probate petition asks for, among other things, the names of...
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Archived
How would probate estate attorneys get decedent's bank accounts etc. transferred, don't they need Administrator's signatures?
Michael's answer
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Answered on November 16, 2017
Assets that were in the name of a person who passed away may or may not become part of their probate estate. If the assets were held solely in the...
Archived
Can my brother and I contest my father’s will if in his will our father has stated clearly we are not to share in the estate?
Michael's answer
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Answered on November 16, 2017
In order for the court to exercise jurisdiction over the estate, there must be proper notification to any person who would receive a portion of the...
Archived
How do I find out if my mother, myself and two sibblings are included in my grandmothers will who passed away a month ago.
Michael's answer
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Answered on November 15, 2017
A will is filed as part of a probate proceeding in the county in which the decedent resided at the time of her death. Your posting seems to...
Archived
How long does it take for a erie county judge to sign a court order?
Michael's answer
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Answered on November 15, 2017
I know you're not going to like this answer. The person who is in the very best position to answer this question is your attorney. Ask him or...
Archived
Do we have to sell Mother in laws house to pay medical bills?
Michael's answer
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Answered on November 14, 2017
If your mother-in-law had a will, then that will control as to who gets what. Your husband would be a likely beneficiary under that will, but...
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