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If I do not sign the waiver of citation and my step-father is assigned, what authority does he have as
administrator?
Ian's answer
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Answered on June 25, 2015
What you likely received is a waiver of citation and consent to probate of your mother's will. If she died without a will, then you received a...
Archived
My mother passed and left me and my nephew her home his ownership starts at 25 I was told by the lawyer he has rights now
Ian's answer
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Answered on June 19, 2015
An answer to your question is as follows: Any attorney worth his or her salt would need to read the will before counseling you on what your...
Archived
Can a beneficiaries attorney of an estate sue another beneficiary for interference for emailing the client & giving an opinion?
Ian's answer
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Answered on June 12, 2015
Another answer to your question is as follow: Attorneys who are representing laypersons who know another person is represented by counsel may not...
Archived
Will the original of my will be sufficient for my heirs to probate in NY if it is uncontested?
Ian's answer
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Answered on June 12, 2015
An answer to your questions is as follows: If there is only one original of the propounded instrument (will), then just the one original is...
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My mother died in 2007. My brother is the executor.He has failed his fiduciary duty. In 2015, all monies have not been paid out.
Ian's answer
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Answered on June 10, 2015
Another answer to your question is as follows: Based on the limited information provided, your options are (a) to continue beating your head...
Archived
My father passed away in a tragic work related accident. He had no will... I need advice.
Ian's answer
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Answered on June 09, 2015
My condolences on the unexpected death of your father. If you are in need of legal advice, consider engaging an attorney experienced in the areas...
Selected as the best answer
Archived
What's the cost for a lawyer filing probate and a 706 federal and state?
Ian's answer
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Answered on June 05, 2015
Another answer to your question is as follows: Without knowing the number, type and variety of the assets in the estate and the assets not in the...
Archived
Is a nominated Executor allowed to work with and recommend to the drafting attorney what to put in the will?
Ian's answer
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Answered on May 26, 2015
Another answer to your question is as follows: There are several grounds for sustaining a petition to remove a fiduciary (an executor in this...
Archived
Is it common practice to hold estate distributions for six years because of statue of limitations with the IRS?
Ian's answer
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Answered on May 22, 2015
In my experience it is not common practice for an executor to hold onto $5 million until the statute of limitations for fraud runs on a tax filing...
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I have case in the Probate Surrogates Court in New York. A motion to dismiss the case was made 1year and 9 mos. ago.
Ian's answer
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Answered on May 19, 2015
An answer to your question is as follows: consider calling the miscellaneous department and asking one of the clerks the status of the motion. The...