Executrix will not proceed with Probate

The Executor's attorney [The NY Courts don't use the gender specific terms anymore] is correct. The attorney represents the Executor. You...

In New York, what happens if there is a will but it is not filed.

If there is a POD on the bank account then the account passes outside of the estate and probate is not necessary [assuming there are no other...

How do I locate attorney of deceased family member?

First, there is the possibility that the Will was filed with the Surrogate's Court after it was executed. Check in the Surrogate's Court in the...

Just like any other fiduciary, you would collect the decedent’s assets, pay any debts or expenses and distribute the balance to the beneficiaries...

Can a wife waive her spousal elective shares if the husband died in 2006 and the wife is not on the deed/title or in the will.

If the surviving spouse of a decedent receives less than one third of the estate, she has a right of election [granting her one third] unless 1....

Son died without will

New York law lays out an order of priority among individuals who may petition to become the administrator of an estate. If your son was married,...

Obtaining court document without probate

I see two possibilities. 1. There is a named beneficiary, however, the agent at the pension fund is inexperienced and asked for evidence of...

I have recently received a wavier and consent of the will of my grandmother. but i do not agree with who the executrix .

If you do not wish to consent to the appointment of the proposed executor, you will eventually be served with a citation, setting forth a date to...

My father passed away and I am executor. I have paid for all his expenses since. Will I be reimbursed?

Funeral expenses paid by you are reimbursed from the estate, as well as expenses incurred to administer the estate, including costs relating to the...

My aunt died in NY intestate, as her next of kin, am I solely entitled to inherit her estate?

The answer depends upon your relation and what other family there may be. When a NY resident dies without a will, their estate is distributed...