Archived
My question is how to sale real estate property in New York that is in my grandparents name who passed in 1983 and 1986?
Jason's answer
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Answered on January 01, 2021
Your mother or aunt must file an administration petition in the Surrogate's Court in the county where the house sits in order to determine...
Archived
I am planning on getting married to my finance and she would like me to sign a prenuptial agreement
Jason's answer
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Answered on December 11, 2020
First, congrats on your upcoming wedding. An important part on whether a prenup will be upheld in the event of litigation is whether each party has...
If someone died and left a will , however, the will was NOT probated? Are they considered testate or intestate
Jason's answer
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Answered on December 07, 2020
It is also a reason why you should either file the Will with the court in advance or leave it with the drafting attorney for safekeeping.
How can I have a trust administrator changed
Jason's answer
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Answered on November 17, 2020
If your father left you money in a trust, then a court is usually not involved unless you need to have the trustee removed and there are various...
Will a fiduciary accounting always be required by NY Surrogate Court even when the parties agree on the amount taken by trustee?
Jason's answer
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Answered on November 09, 2020
No, if all beneficiaries agree, an informal accounting can be prepared instead of one that needs to be submitted the Surrogate's Court. Good luck!
Turning estate administration over to a public administrator in New York County, NY
Jason's answer
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Answered on November 09, 2020
Yes, an administrator position is considered a job wherein you can get paid based upon how much property you handle but you are not obligated to do...
How can beneficiaries demand that the husband of the executor not be present at meetings concerning the estate in probate ?
Jason's answer
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Answered on November 09, 2020
The husband of the executor should not be allowed to participate in such discussions and the executor should tell him to stop doing so. He is...
Can a executor sell the property at the price he choses without the agreement of the other beneficiaries??
Jason's answer
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Answered on November 08, 2020
The executor has a fiduciary duty to sell the property at fair market value and selling it to a friend on a sweetheart deal does not fulfill that...
Archived
Executor Commission in NY stated in the Will
Jason's answer
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Answered on November 08, 2020
The statute sets the floor on how much commission executors can make based on the type of asset being disposed, the amount in the estate, and other...
Archived
Is a mortgage a debt of an estate?
Jason's answer
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Answered on November 08, 2020
Someone always needs to pay the mortgage. If the executor has a life estate then the executor will need to pay or the house will need to be sold...
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