Archived
Can someone with power of attorney change a will where they benefit? can they write a check to the person, signing their name
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Answered on October 16, 2014
A power of attorney can not be used to change a will. However, a will is only effective at death and has no effect until the maker of the will is...
Archived
Do I need to file probate for my mother's estate?
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Answered on October 15, 2014
Examine the deed to her house. If your name or another person's name appears along with her name with the magic words "with rights of...
Archived
Mom died in NJ, joint account with daughter (savings, savings bonds). Savings closed, deposited in daughter's NY bank.
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Answered on October 14, 2014
Was your mother domiciled in New York even if she died in New Jersey? That's important because whichever state has jurisdiction over her estate...
Archived
Money owed compensation
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Answered on October 13, 2014
Did your mother make a will before she died and leave you property? If yes then your father needs to comply with its terms. As for your personal...
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Does an executor have an interest in a potential judgment award the deceased individual was entitled to during their lifetime?
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Answered on October 13, 2014
The executor is a fiduciary. He/she protects the heirs' and beneficiaries' interest.
If the mother died with a will and she excluded the adult...
Archived
My friend is about to inherit a home and has terrible credit. In NY if you inherit a home do you inherit the mortgage as well?
Jonas's answer
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Answered on October 12, 2014
Both attorneys are correct.
Did your friend's mother die with a will? Was he named the executor of his mother's estate? If yes, then he can...
Archived
How to buy the administrative out of the house?
Jonas's answer
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Answered on October 12, 2014
Owner A died without a will? A member of owner A's family filed a petition to administer the estate and a person was named the administrator of...
Archived
My aunt left me a condo in NYC. I haven't done any probate. I need to transfer title from her name into mine.
Jonas's answer
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Answered on October 11, 2014
That is a good idea. When you hire a probate attorney to represent you then he or she will explain your rights and duties as either an executor or...
Archived
Surrogates Court appt, me Admin. estate which is held in escrow account. What is the legal time frame to expect funds released?
Jonas's answer
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Answered on October 09, 2014
If you are the Administrator of your husband's estate then any funds already in your husband's estate are accessible to you. I think your question...
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Archived
Can the assets of an estate be transferred to the estate of someone who is already dead?
Jonas's answer
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Answered on October 08, 2014
New York's Estates, Powers and Trusts Act determines descent and distribution.
§ 4-1.1. Descent and distribution of a decedent's estate. The...
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