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Does my mother's husband have a right to give or sell anything he wants from the estate w/o notifying heirs ?
Jason's answer
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Answered on June 25, 2013
In New York when someone dies without a will, intestate, their spouse is only entitled to their statutory share. As such you and your siblings are...
Archived
Is it self dealing to let friends and family to live in real estate owned by the estate?
Jason's answer
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Answered on June 25, 2013
The real question is what is your recourse? Normally when a fiduciary breaches their responsibility you can try to withhold their executor's...
Archived
How do I file a "Small Estate Administration" request
Jason's answer
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Answered on June 25, 2013
You would file a small estate administration petition in the state of his last residence, which would be New York County. However since your...
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Archived
How much longer will estate take to settle?
Jason's answer
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Answered on June 25, 2013
He does not have to take your calls that is true because you are not his client. However, assuming the property was the main asset in the estate...
Joint bank account, equally funded. Any gift tax issues?
Jason's answer
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Answered on June 19, 2013
Depositing your own funds into your own bank account with a joint account holder is not considered a gift because you are free to remove the funds...
Archived
What is the process for a relative who passed away without a will? There isn't any property or money involved. 2 small checks.
Jason's answer
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Answered on June 19, 2013
In NYS we have something called a small estate administration petition. It is not costly and user friendly. Someone would get appointed for the...
Archived
Wife married dying man 6 weeks before his death in NY. Will states
property be left to his friend. Who inherits?
Jason's answer
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Answered on June 19, 2013
No matter what, the wife in entitled to her right of election as you cannot disinherit a wife in New York State. Depending on when and the...
Archived
Inheritance problems with home...
Jason's answer
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Answered on June 18, 2013
Unfortunately, if your surviving parent has this "house guest" more likely than not, there is no way to get him out until your surviving parent...
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Archived
Further to my previous email, based on commentary received. What is the average cost to hire a probate attorney?
Jason's answer
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Answered on June 16, 2013
This does not sound like a typical estate. Our firm has extensive experience with these types of lengthy, often grueling accounting cases. You...
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