My brother passed away and had a small checking account of less than 4000.00 which was frozen by the bank
Michael's answer
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Answered on October 21, 2022
Get what are called voluntary letters from the Surrogate in the county where your brother died. It is meant to be done pro se, and costs $1. Go...
DOES A BENEFICIARY OF AN IRA SUPERCEDE A TRUST THAT LISTS THE IRA TO BE 50/50?
Michael's answer
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Answered on October 20, 2022
Yes. You are correct. Unless the beneficiary was the trust.
How do I get access to my deceased father’s residence when his co-tenant girlfriend is not providing me access?
Michael's answer
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Answered on October 19, 2022
If she is not cooperating you need to bring a turnover proceeding in Surrogate's Court.
My life partner of 20+ years passed 6/21/2022. He had made it known that i could live in the house as long as i paid the bills?
Michael's answer
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Answered on October 18, 2022
Sadly, you are going to have to leave. The court will not act faster than the end of November, so that is a realistic date. Do not miss the court...
Is a turnover proceeding against me the same as a lawsuit against me in NY? Do i need a lawyer?
Michael's answer
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Answered on October 17, 2022
Absolutely not. Your wife is wrong and your instincts are right. A turnover proceeding is a lawsuit within an estate proceeding, wherein you are...
My dad just passed away and I don’t live in nyc I’ was born in Dominican Republic . How can I prove next of kin .
Michael's answer
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Answered on October 17, 2022
When you say "administrator" that implies there is an open court matter in Surrogate's Court. If so, you need to hire a lawyer to appear in it. ...
What do I do since my sister has died and she was the guardian for my mother?
Michael's answer
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Answered on October 13, 2022
You need to petition to be the successor guardian. If you do not, you risk the court appointing some lawyer, who will charge fees and commissions...
My uncle and his fiancé passed away, and he left a house that is paid off. Will the family be able to claim the house?
Michael's answer
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Answered on October 13, 2022
Yes. A fiance has no standing, nor will her family.
If a decedent dies intestate with two heirs and one dies 2 months later long before probate how is the inheritance distributed.
Michael's answer
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Answered on October 13, 2022
Your brother's half goes to his estate, which based on your post, would be his spouse.
What is the best way to proceed? the timeframe? and costs?
Michael's answer
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Answered on October 12, 2022
You need to open an estate proceeding for your father. Based on your post, you might not need one for your mother. It depends on how assets are...