In New York State, when there are three executors to an estate, how are the fees divided if one of them declines his share?
Lorraine's answer
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Answered on June 16, 2014
The provision which answers your question is Surrogate Court Procedures Act 2313 for people dying after 8/31/1993 - if there are more than 2...
Archived
Is it true in NY Small Estate admin, only spouse can collect up to $30k, children up to 15k after 30 days after death?
Lorraine's answer
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Answered on June 16, 2014
The Surrogate Court Procedures Act allows for certain family members to collect up to $15,000 - spouse, child (18 or over), father, mother,...
Archived
My uncle is 95 and was in a facility for rehab and moved into temporary short term care. They take 90 to process Medicaid
Lorraine's answer
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Answered on June 16, 2014
Get in touch with a social services agency immediately - the facility can recommend one and it will assist both with the home care and the Medicaid...
A house is left to 3 siblings. One lives in house already. Are they required to pay rent to other siblings?
Lorraine's answer
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Answered on June 08, 2014
The house is now owned 1/3 by each of the children and all 3 children can sell the house. However, since one of the children is a part owner there...
Archived
Can I obtain custody of my grandson?
Lorraine's answer
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Answered on June 08, 2014
To change custody from a mother/father to a grandmother is a high burden but is sounds like this is doable. If you don't have sufficient funds to...
Archived
Is there a way to make separation agreement thats only temporary and not used for divorce?
Lorraine's answer
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Answered on May 11, 2014
In big bold letters say "The parties agree that this contract is not a separation agreement for purposes of obtaining a divorce and the parties...
Archived
When is an estate that's all ready been probated required to be re opened? What would events trigger this? How old can...
Lorraine's answer
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Answered on May 11, 2014
Closing an estate usually means all assets have been distributed and taxes paid. It could be opened if an unknown child appears or assets appear...
Archived
If you receive an eviction notice, how soon do you have to vacate apartment in NYS?
Lorraine's answer
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Answered on May 10, 2014
In New York City it takes a long time from service of an eviction notice to actual eviction. You may have defenses to such eviction notice - for...
Archived
What happens to the mortgage when a joint property owner dies?
Lorraine's answer
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Answered on May 10, 2014
The mortgage is a lien against the property. When the person died whoever got the property took it subject to the mortgage but that person has no...
Archived
House deeded jointly;decedent and daughter in 1981. Decedent remarried in 1986. Is the house a testamentary substitute for ROE ?
Lorraine's answer
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Answered on May 10, 2014
A testamentary substitute is a vehicle which is used to bypass a will - for example bank accounts held in trust for another person or joint...
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