How can I obtain guardianship for my mother who has dementia?

In NYS, Guardianship is a legal process that is goverend by Article 81 of the Mental Hygiene Law. It involves you filing a Petition with the...

I just received a copy of her Last will in Testament and Waiver of Process, if I sign it, can I still contest it? this is in NY

No. By signing this form you are consenting that the court probate the Will being offered. You will have no rights to file objections. If you...

Does the person bequeathed a home have the right to break the locks & move into the residence before probate is over?

I agree that the best person to advise you is your existing counsel, but I am happy to give you my off-the-cuff impressions: 1. What do you...

What do I do with my deceased mom's townhouse that has a reverse mortage on it?

The reverse mortgage is a contract between your mom and the bank. When she died, you, as the Executor, must deal with the terms of that contract. ...

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How kind of document will my brother need for the bank in order for the bank to talk to him about my deceased dad mortgage acct

The bank will only speak to the Administrator (you) or your designee. Call the bank and see if you can authorize them to speak to him. If your...

What happens to the estate account when you have paid some creditors and there are more creditors to pay, but no money left?

I agree, but you should be careful about what you tell these creditors the estate cannot pay. Technically, New York law requires you to wait a...

Can a Beneficiary listed (custodian for children) now kids are all legal age. Is bene required to give money to the children ?

A good first step would be calling the bank/brokerage and having your adult children inquire. Sometimes, an adult child can claim the funds...

My husband died without a will in another state am i entitled to his things

The answer depends on whether or not the assets are payable to his Estate. Assets that name beneficiaries (life insurance, retirement...

I am the executor of my mother's estate. Is the estate liable for her debts?

I agree with the previous answer, however, if the Executor has personal knowledge of an actual claim against the Estate, she may be personally...

Do I need an estate lawyer for a deceased brother who left no beneficiary

Another thing to consider is the size of the Estate. For example, in Estates where there is less than $30k to collect, you can bring a simple...