Should i get an attorney to open my mothers estate? She died without a will but owned home with estranged father.

I agree with the prior answers. If a husband and wife are validly married and co-own property, they own it as tenants by the entirety and it...

Would a family trust be better off initiating probate if either of the following situations develop?

Based on your post, I strongly urge you to consult a lawyer. First, do not get confused between a probate asset and a trust asset. Perhaps the...

Can Non-Spouse IRA beneficiary leave traditional IRA in the deceased person’s name?

I agree with my colleague. Perhaps the issue is the validity of the POA if the person is not competent. Depending on the value of the IRA, you...

How long to start an estate and probate process

There is technically no time deadline. After six months from date of death, your attorney will need to file an affidavit of delay. While it is...

Compel closure for an intestate estate unresolved for 14 years.

If your sister filed a voluntary accounting (on her accord), she would have to have served the next of kin with the summary statement. If you did...

How is the compensation for the Administrator of an Estate determined in NY?

Compensation for an Administrator is typically called commissions. Commissions are statutory. They are computed based on collecting and paying...

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My father passed away and left house to 3 out of 4 of my siblings. He left out one sibling, Can the sibling be evicted?

Yes, the sibling can be evicted. It sounds to me like you and your siblings are not looking for an eviction but are sort of stuck as to what to...

I need to figure out my rights to my deceased mothers estate

Normally, 50%spouse and 50% issue. However, there are many factors that could change this. For example, was the real property owned as tenants...

If the guardian of an incapacitated person gets themselves discharged, do they have to be replaced by another guardian?

When a person is an adjudicated IP (incapacitated person), they need to be declared competent. It is not unheard of to have this happen. It...

Is it common for your own estate and trust lawyers to charge you late fees? After how long of a time and how much % is standard.

I agree that it depends on the retainer. However, if you are contesting the bill, I would suggest that you pay what you do not contest and advise...