Is it legal for a family member to take an executor's fee when asked by deceased to handle NY estate closing?
Michael's answer
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Answered on October 02, 2017
Executors are statutorily entitled to commissions. That commission is separate and apart from attorneys' fees. The executor's commission is on a...
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What is the process to be the executor of an estate? How long is the process?
Michael's answer
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Answered on October 02, 2017
First, if the house was solely in your husband's name, a probate proceeding (if there was a will) or an administration proceeding (if there was not...
Archived
What documents do I need to sell a manufactured home?
Michael's answer
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Answered on October 01, 2017
Letters testamentary would ordinarily be sufficient (unless the letters have some restriction). Just make sure that you present an original...
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If supreme court denied executor-defendant, can he file his own action with new claims (and those denied) in surrogates court?
Michael's answer
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Answered on October 01, 2017
You have posted an almost identical question separately. I responded, at some length, to that other posting. Please refer to it.
Good luck to...
Archived
If supreme court denied executor-defendant, can he file his own action with new claims (and those denied) in surrogates court?
Michael's answer
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Answered on October 01, 2017
The short answer is that you'll need to have an attorney review the file. I say that because it's not clear which aspects were decided on the...
Is there a difference between a Waiver of Citation & Consent to Probate form & a Waiver of Process Consent to Probate form?
Michael's answer
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Answered on October 01, 2017
My colleagues give you good advice. I want to add a couple of points. First, if you are satisfied with the will and with the choice of your...
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What a would the subject matter jurisdiction be for an Estate in FL suing for the liquidation of partial shares in a NYC co-op?
Michael's answer
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Answered on September 28, 2017
My first question is what the will said. You tell us that your father-in-law's wife is the executor, but you don't tell us the provisions of the...
Archived
How do I create an heirship affidavit?
Michael's answer
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Answered on September 25, 2017
I echo Mr. Fromm's advice that it makes sense to hire an attorney here in NY.
You're obviously an intelligent person and have had the insight...
If a will is invalid does it still need to be filed for probate?
Michael's answer
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Answered on September 24, 2017
In almost every state, in order to be deemed a will, a document must be signed at the end and witnessed by at least two persons who don't receive...
Archived
Can my brother sue me to get back funds I got in a will that distributed money based on NYS law of intestate?
Michael's answer
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Answered on September 24, 2017
There's probably more to this story. Your brother, having served as administrator, probably is aware that he doesn't get to revisit distributions...
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