Person died two weeks ago and has a savings account in the amount of $800.00. Who has the legal rights to that account?
If the account was solely in the name of the deceased person it belongs to the decedent's intestate distributees (heirs at law) if the decedent died without a will. If the decedent had a valid will, then once the will is probated, it belongs to the beneficiaries as stated in the will. In both cases a fiduciary needs to be appointed by the Surrogate's court who will then be able to distribute the money to the heirs and/or beneficiaries.
If the account was held jointly with a right of survivorship, it goes to the surviving joint owner.
If this is the only asset of the decedent (or all assets are less than $30,000.00) an heir or nominated executor can bring a small estate proceeding (also called voluntary administration) which is designed to be used without the aid of an attorney. There is a DIY website you can go to: https://www.nycourts.gov/courthelp/DIY/smallEstate.shtmlSee question
I own property with 3 siblings. My brother passed away and willed his share to daughter
Provided the deed doesn't state that you and your siblings are joint tenants with rights of survivorship, your share will become part of your probate estate upon your death. In that case it will be subject to the directives in your will. If there is language in the deed granting rights of survivorship, your share will automatically go the the survivors by operation of law and not become part of your probate estate.See question
My father-in-law passed recently, and there are many forms available at the NYS Courts website. For a named sole heir/executor and an original will with witness affidavits attached, what should be filed immediately to give them the legal authority...
If your father-in-law's estate is valued at less than $30,000.00 there is a simplified procedure called voluntary administration (or a "small estate" proceeding) which is designed for most people to use without the aid of an attorney. Otherwise retain an experienced attorney to probate your father-in-law's will and assist the executor in administering the estate. Probating a will and administering an estate is not a simple task for a lay person as you are discovering. Trying to accomplish this without assistance of counsel will prove to be an extremely frustrating and time consuming experience which may very well result in financial loss to the beneficiaries of the estate.See question
I do not have a lot a money and I want to make sure my daughter will not have a problem taking over my house and estate.
Retain an experienced attorney. He/she will not only prepare a will that reflects your final wishes but will also insure that it is properly executed. A poorly drafted will that is not executed with the required formalities will not save you money in the long run.See question
My father passed away in New York state without a will. He is remarried and his current wife asked that my sister and I sign a document naming her as administrator. No problem, but she doesn't want to post a bond and wants us to waive any claim to...
When a person dies intestate in New York State, that is, without a will, and is survived by a spouse and children, the surviving spouse is entitled to $50,00.00 and one half of the balance of the decedent's estate. The surviving children split the remainder equally. This applies to children of the whole and half blood as well as adopted children. Th estate does not include exempt property, including, but not limited to, cash up to $25,000.00, a vehicle worth up to $25,000.00 and other household property which goes to the surviving spouse.
If you believe the estate is not being distributed correctly, you can retain an attorney who can petition the court to compel the administratrix to render an accounting of her actions.
Generally a person petitioning to be appointed and administrator/administratrix will be required to post a bond unless all heirs have consented that a bond be waived. In your case a bond would offer you protection if you suspect the administrtrix will not properly distribute the estate.See question
Brother dies without a will in NYS. He was unemployed and on disability. He maintained a storage unit in one county and was temporarily living with a girlfriend in another county, where he passed away. Parents and one sibling live out of stat...
A family member will need to be appointed the administrator of your bother's estate. A petition will have to be filed in the Surrogate's court of the county in which your brother resided upon his death. An attorney experienced in probate/administration proceedings can guide you through the process which should be relatively straight forward if all the heirs are in agreement.See question
I (seller) have a fully executed contract with the buyer with standard NY mortgage contingency clause along with a contract rider that says "purchaser represents to the best of his knowledge that his income and credit rating, do meet the bank mort...
The mortgage contingency in the standard NY residential contract of sale allows the purchaser to cancel the transaction upon receiving a letter of loan denial within the contingency time frame. It does not require the purchaser to accept financing on terms he/she didn't apply for. Assuming your contract contains the standard clause you should follow your attorney's advice. Keep in mind that even in the best case (assuming the purchaser was in default) you would only obtain the down payment after obtaining a court order after potentially expensive and time consuming litigation. Furthermore, during such litigation you would more than likely not be able to enter into another contract of sale.See question
Hello. My father passed away in the end on 2014, and he left everything to my mother in his will (that was probated by the Surrogates court, and my mother was appointed the executor of the will). On her behalf I am trying to figure out how can ...
Your mother can sign and record an executor's deed conveying the condo from your father's estate to herself. Until this is done, technically your father's estate is still open as all asset haven't been distributed to the beneficiaries set forth in your father's will.
In New York City you will need to file a New York City transfer tax return together with other documents which must be prepared using the NYC Department of Finance's ACRIS website. The ACRIS website can be quite intimidating to a layperson, so I suggest you retain an attorney who can assist you in preparing the deed and required documents.See question
As a blood relative I am to appear at the Surrogate Court, Bronx County, NY, regarding my cousin's Will.
As a necessary party, ( i.e., an heir), in a New York probate proceeding, if you don't sign a consent you will be served with a citation advising you that the matter will be on the court's calendar on the date specified in the citation. If you don't appear, it's deemed that you consent to the will being admitted to probate. If you don't wish to consent and believe there are reasons that the will shouldn't be admitted to probate I recommend that you retain an experienced attorney who will let you know if you have valid grounds for contesting probate and who can appear on your behalf as the proceedings in Surrogate's Court can be quite complex.See question
I have just filled out a claim for unclaimed money for my brother who has been deceased 10 years. I am the only surviving brother and there is no children or wife or parent. There are 2 nephews and 1 niece. Am I legally obligated to divide the ...
If the funds were held just in your brother's name, they are part of his estate. You would need to be appointed an administrator of his estate in order to collect funds held by the New York State Comptroller's office of unclaimed funds. Once you collect the funds you have a duty as an administrator to distribute the funds pursuant to New York State's law of descent and distribution.See question