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The attorney who drafted my father's will in FL is also named as an executor in the will. Conflict of interest?
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Answered on May 20, 2012
Not sure about Florida Law, but in NY, the client needs to sign an affidavit (Putnam affidavit) stating that they know that the attorney will be...
Archived
My father left his house and assets to me and my 2 sisters. My sister is the executrix but hasn't filed the will after 5 years.
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Answered on May 20, 2012
Mr. Fromm is correct about the need to involved an estate planning attorney as soon as possible. The need to collect information is time sensitive...
Archived
Would an estate inheritance of $53,000 be subject to federal taxes?
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Answered on May 20, 2012
As the two previous attorneys mentioned, you mentioned two completely separate transactions. Regarding whether you would have had to pay estate...
Archived
How do you prevent someone from claiming your body and arranging another funeral at a different cemetery when you're dead?
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Answered on May 18, 2012
I would most certainly speak to an attorney about designating an agent to handle youre remains as per NY Public Health Law 4201. Your agent will...
Archived
How would proceeds from lawsuit be divided?
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Answered on May 16, 2012
According to NY's statute ( EPTL § 5-4.1) and relevant case law, the cause of action for wrongful death is brought by the personal representative...
Archived
What can I do about an estate attorney who is legally negligent with my parent's estate?
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Answered on May 15, 2012
Some of the issues which you are describing may be grounds for a malpractice lawsuit against your mother's attorney. There also may be conflicts of...
What is more "binding" the name of a beneficiary on something or a will
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Answered on May 09, 2012
The designated beneficiary on a mutual fund, IRA, life insurance policy, etc. takes precedence over the will.
Sincerely,
Roman Aminov,...
Archived
Who will hold estate planning documents?
Roman's answer
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Answered on May 07, 2012
The best place to deposit the original will is with the attorney who drafted it. That way there is no automatic presumption of revocation if it...
Archived
New York executor of will law
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Answered on May 03, 2012
If she left no will, then your father and his sister are not executors, but rather administrators. If she did leave a will, look to the will to...
Archived
Can I apply for administrator also when parents died without a will
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Answered on May 03, 2012
This sounds like a violation of landlord tenant law as well as a possible case ripe for surrogate court battle to have you appointed administrator....