My youngest sister will be moving out of state next month. She can't afford to come back, and has no problem signing whatever she needs to stating she will not be contesting my Moms will, and agrees I should remain executrix. Is there a form ...
Have her execute a waiver of process and consent to probate form. It is on page 11 of the court supplied pdf file: http://www.courts.state.ny.us/forms/surrogates/omni/probate.pdfSee question
My mother would not be living at the house, but i have no problem listing her as a co-owner. Would this remove any gift tax issues? Is there another way around having to pay gift tax on the gift?
If you don't wish to incur gift tax consequences, you could structure the transfer as a loan. Please ensure, however, that the appropriate interest rate is being charged in the loan document you prepare.See question
My father died without a will, he had less than $5,000 and I;m his only child, He lived in Manhattan, New York before he passed but died in Great Neck, Nassau County, New York, Which Surrogate Court do I go to file in Small Court Estate Administra...
Since your father lived in Manhattan, you would be filing for letters in New York County Surrogate's Court. If the money is being held by a bank, though, you might wish to attempt to gain control of the funds through a small estates affidavit: http://www.osc.state.ny.us/ouf/forms/small_estates.pdfSee question
There is also a brother in law. There is only her home, and what ever furnishing that were of any value have been taken I believe by some family members a few weeks ago. a police report will be filed tomorrow by a niece. Who is the house left to...
I agree with James's comment. Your family should attempt to retain an attorney in this matter as soon as possible to protect your collective interests. Your family will not need to worry about finding the money to pay the attorney, as many attorneys consent to getting paid by the estate once it becomes liquid, i.e., the house gets sold.
If the house was held in a "joint tenancy" by your aunt and the oldest of her nieces and nephews, however, then the house might have passed outside of probate and be properly owned by them. The deed must be reviewed by an attorney before any action is taken.
Best of luck,
How much does it cost to do a will? And would a signed paper by a notary be enough in new York state or no?
New York requires two witnesses to sign the document as well. Simple wills are not expensive, but you won't know that you only need a simple will until you sit with an attorney for a consultation. (Most attorneys offer the first consultation free of charge.)
Died on 9/27/2012. A car accident. She died in the Bronx. She lived in Westchester County, NY.
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Pinni Bohm, Esq.
Husband and wife, no prior marriages and no children other than the ones between us both. None of our children has any special needs, none are under 21, and it seems fairly straight-forward that our children split everything equally. Our lon...
Legalzoom.com is good for preparing simple wills where no will contest is anticipated. In your case, therefore, it will probably be sufficient. You might wish to have your attorney supervise the execution ceremony, though, to ensure New York's complex procedures are followed.See question
you leave no surviving spouse, and three adult children, what are available to you to reduce the potential estate tax?(50% of the amound above $5 million) what could i do in this situation assuming i want to drive my potential estate tax down to z...
I agree with my fellow attorneys. If you have over $15 million in assets titled in YOUR name, then you must hire a sophisticated estate planning attorney as soon as possible to begin a multiyear gifting scheme utilizing innovative tax techniques.
I wish you the best of luck. The process may be tedious, but you will find it worth your time in the end.
Pinni Bohm, J.D., LL.M. in Taxation
(212) 920 - 5224
my mom said i get nothing but got court paper saying different she accused my of snooping in her house an she also said the was no will everything was hers dad told me before he died he left me something an my two boys
It sounds as if you received a citation (court document) to show cause as to why a specific court order should not be issued. If there was no will, then you MIGHT be entitled to a share in the assets (if estate assets exist). If there was a will, you might also be entitled to a share if the will permits. But you are not guaranteed a share just because you received a citation from the court.
Since you did not fully articulate your problems, I recommend you contact an attorney listed within the Avvo directory for further assistance.See question
My mother died leaving 3 children, Dad pre-deceased her. We are each named in her will, equally. I am named executor in the will. Her total estate consists of a bank account of $3300, a small estate under NY law. Do I only need to present a notari...
You only need to present the a small estate affidavit to the bank holding the money: