What if my brother's updated estate, will and trusts are not being followed by my sister, the previously named executor?
Sharon's answer
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Answered on February 25, 2023
The only person that your brother's lawyer should have given his will to is his named executor. Has the will been probated? Who has the original?...
Can a non-relative file for a Voluntary Administration in New York (Erie County)?
Sharon's answer
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Answered on February 24, 2023
If the next of kin have no objection to you serving, then they can designate you as the Administrator. However, a voluntary administrator is...
What is the first step when my brother dies without a will in New York state?
Sharon's answer
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Answered on February 16, 2023
if he passes before he signs the will, it is of no force and effect. If he never signs it, it is not a probate, but an administration proceeding. ...
If my daughters boyfriend put her on the deed to his house/property and she passed away what happens?
Sharon's answer
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Answered on February 16, 2023
First things first, did she have a will? If so, it may say how her interest gets divided. If not, petition for letters of administration so that...
Can I reclaim money I received from a parental joint account that has been used to pay for my parent's expenses after his death?
Sharon's answer
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Answered on February 16, 2023
If the account passed to you as a surviving tenant, you can make a claim in the estate. Funeral and IRS are priority claims. Reimbursements for...
My father is a possible victim of elder financial abuse from my sibling?
Sharon's answer
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Answered on February 14, 2023
I assume that your father is not competent. Does anyone have a power of attorney. These answers guide the strategy. There are stategies such as...
Medicaid and lawsuit settlement and “incapacitated “ elder ?
Sharon's answer
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Answered on February 14, 2023
There are many types of Supplemental Needs Trusts. Being as she is married, you have many options as long as the Mediciad lien is paid out of the...
My friend moved and died. Before she moved we had a verbal agreement that I could have anything she left in NY. I
Sharon's answer
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Answered on February 14, 2023
While the verbal agreement would not hold up in court, there are several ways you could proceed if no family wants it. If the family would waive...
My aunt died in NY state, my sister is petitioning to be executor. I haven't signed the citation or wavier.
Sharon's answer
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Answered on February 14, 2023
There seems like there may be more to the story. If you are not a beneficiary under the will and if everything else is on the up and up, she would...
How do I have the signed copy of my mother's will physically be transferred from one attorney to another when she passes away?
Sharon's answer
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Answered on February 14, 2023
While it is true that the Executor owns the rights to the Will, practically speaking, when you select your new attorney, he or she will contact the...