My wife died intestate. How do I prove that I am the legal heir to her portion of her father's estate?
Michael's answer
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Answered on April 16, 2024
It is not a matter of heirship. You need to be the estate representative in New York. It is your wife's estate that inherits, not you directly. ...
How can I sell my mom’s house this spring as a proposed executor?
Michael's answer
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Answered on April 11, 2024
Yes, apply to be Preliminary Executor. You cannot sell without letters allowing it. You can call the court and see where you are in line on your...
Can I as a POA for my Dad open a living trust to put his house in? He is of sound mind and is willing to sign documents.?
Michael's answer
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Answered on April 10, 2024
You can definitely do this with a POA, but better to have your father sign the papers. It will be less open to challenge and make title work...
Can I be liable for a mortgage loan balance if I am no longer on the title . My name was taken off due to a refinance ?
Michael's answer
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Answered on April 10, 2024
You cannot be liable for the mortgage if you are not on the note and mortgage now. However, you would be a defendant in any foreclosure case due...
Estate account distribution?
Michael's answer
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Answered on April 07, 2024
The technical answer is neither. As he is a post-deceased beneficiary, the money goes to "the Estate of (your brother)" and it is up to his family...
Do I need a letter of administration or testamentary?
Michael's answer
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Answered on March 24, 2024
Yes. Just bring a death certificate to the bank, and they will issue you a check for the account, or open an account in your name.
If the will states the name of a beneficiary to reciev the sale proceeds of a coop apt in ny , is it accepted as a benficiary ?
Michael's answer
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Answered on March 24, 2024
No. If the seller is the estate the estate will need to be formed, have a tax ID and letters testamentary. The proceeds can go to the trust. If...
My husband passed and he owned an LLC with his brother
Michael's answer
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Answered on March 23, 2024
It seems you have been given bad legal advice, and not done even the most basic steps. First, you need to be administrator of his estate to...
Mother died she was a share holder in a co-op ? Does she still one her shared?
Michael's answer
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Answered on March 23, 2024
Talk to the co-op management. It would be hard to believe that the apartment is still vacant after all of these years. Likely, it was foreclosed...
My grandmother passed away. Her 3 kids. My 2 aunts and , my father were left her house in an irrevocable trust. Father passed
Michael's answer
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Answered on March 22, 2024
It will be governed by the terms of the trust. Could be either way. Have a lawyer review it. The answer will be there.