Archived
If 2 executors don’t agree, can 1 exec withhold distributions claiming it may be needed 4 future legal fees if court is needed?
Sharon's answer
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Answered on June 01, 2016
I would at a minimum invest in a lawyer who will file a Notice of Probate or write to the lawyers involved to get you a copy of the agreement. It...
Archived
What can I do to get around him and his personal issues to get my money?
Sharon's answer
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Answered on June 01, 2016
As already stated it goes by the terms of the trust document. Unfortunately, most of the time the Trustee has much discretion as to when to give...
Archived
Do I need to go to Probate Court if I am are trying to sell my mother's home in New York who passed 3 years ago without a will?
Sharon's answer
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Answered on June 01, 2016
The short answer is: this depends on what the buyer's title company requires. Usually, they will take an affidavit if everyone signs on the deed. ...
Archived
What do I need to know about filing for Letters of Administration in Surrogate's Court Bronx NY?
Sharon's answer
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Answered on May 23, 2016
Time is hard to say, but he should definitely suggest he go for temporary letters so he can manage the co-op before he gets full letters.
Archived
Can I sue my brother and remove him as Executor for acting against his Fiduciary duties by damaging the Estate and me?
Sharon's answer
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Answered on May 23, 2016
First, until the will is offered for probate, there is no estate. If you want to get it admitted quickly you should go for preliminary letters and...
Archived
See the above decedents interest pass by operation of law to his siblings but was sold as alleged estate
Sharon's answer
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Answered on May 23, 2016
It is unclear what your standing in this matter is. Creditors claims get paid by the administrator/executor upon proof There is no one time that...
Archived
What happens if the deceased’s domicile is FL and the assets subject to probate are under $75,000 but she owns a house in NY?
Sharon's answer
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Answered on February 18, 2016
There are two ways to approach this. First, if you can get title insurance on the transfer in NY, you may not need to do an ancillary. In NY,...
Archived
Does the law mandate that probates be opened in chronological order even when both parties are deceased?
Sharon's answer
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Answered on February 18, 2016
It is simple. It really is a matter of strategy and if one estate has next of kin. There is no law governing chronology, but strategy is...
Archived
How will I be able to find out if his SNT fund goes to his estate or back to the city
Sharon's answer
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Answered on February 18, 2016
There are many different types of SNT(Supplemental Needs Trusts). The terms of the trust govern. It sounds like one type of trust, but may be...
Archived
Do I need a real estate lawyer?
Sharon's answer
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Answered on February 18, 2016
When co-owners of property can't cooperate, then it is time for a partition action. A partition action is an action to order a sale and split the...