Can I legally win a fight over beneficiary distribution of a Last Will & Testament in the process of being executed?
Sharon's answer
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Answered on August 12, 2020
First, you threw in the fact there may be a later will. Where are you in this process? Did you petition the court to compel production of a will?...
Is there a statute of limitations on when one can file for probate or letters of administration in Alabama?
Sharon's answer
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Answered on August 12, 2020
The answer is yes and no. However, I would suggest that you consider opening a non-domicilary administration so that the surving spouse can...
Archived
Does my husband of 2 years have any rights to my account if I listed my children as beneficiary ?
Sharon's answer
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Answered on August 12, 2020
Every spouse has a right to an elective share. The estate would bring in :testamentary substitutes" ro calculate the value. There is the...
Archived
Are they currently accepting chapter 7 filings in Kings County NY as of 8-7-20? Thank you!
Sharon's answer
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Answered on August 07, 2020
Bankruptcy is a Federal court matter. The court is fully open for filings. Filings were always electronic and continue to be so.
Archived
Can you deed land to someone without the legal wife being aware of this transfer taken place? My mom had no knowledge.
Sharon's answer
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Answered on August 02, 2020
Your mother is entitled to a right of election or her elevtive share. A spouse cannot be left out of her husband's estate based on his assets. ...
Archived
Deceased parent credit card debt
Sharon's answer
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Answered on August 01, 2020
This amswer depends on the value of the estate and the other debts. Preferred creditor? How is the estate being handled. I suggest that you...
Do the NY preliminary letters testamentary renewal require notice to all parties and a hearing in will contest?
Sharon's answer
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Answered on August 01, 2020
Are you sure that the preliminary letters expire? However, if for some reason they do, anyone who appered (either through a Notice of Appearance...
Archived
Is a will entered into probate if it's still being contested or is it only entered when the will contest is finished?
Sharon's answer
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Answered on August 01, 2020
As my colleagues have stated, entered is not a relevant term. The relevenat words are whether the executor "qualified" as such and whether a...
Are great nieces and nephews entitled to unclaimed funds in NYC?
Sharon's answer
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Answered on August 01, 2020
The Deceased next of kin take by representation. Thus, if your father is next of kin and he has predeased the decedent, his share passes by...
Archived
How long should I wait to receive a copy of the will and waiver form? What are some of my rights as distributee?
Sharon's answer
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Answered on July 30, 2020
As to timing, due to Covid, the cost is moving more slowly. However, you could recieve a waiver and consent at any time. You may want to consider...