Just getting ready to make a will I have been told Yes and No on my question.
Yes. The beneficiary of your will may also be the executor. The executor should be a US citizen and over the age of 18 years.See question
I was never paid monies owed by an estate. There is no executor and no family members would be willing to get involved. So, we will likely need an attorney. My concern is that the attorney executor costs will actually eat up any monies owed. How d...
The costs depend upon the size of the estate. If the value of the estate is below $30,000, you can be appointed through a small estate proceeding if you qualify. You may prepare the papers and file on your own. Speak with an attorney for further details.See question
Mom will be preparing a power of attorney appointing me as her agent. We both would like to know if it is okay for me to initial the boxes for her or does she have to do the initialing herself. She understands that she can just initial one box fo...
I advise against initialing any of the boxes for your mother. If she has difficulty with placing her initials on all of the boxes, then she should use the "all powers" box.See question
Father died intestate, mother died 6 months later with no will. Property is still in the parents name. What is the process to transfer the property to the two children? No intention of selling the property.
Assuming that the children are adults and that the property is real property, then the children may be able to deed it to themselves as the only distributees of the mother. To fully answer the question, more information is needed.See question
For a work related injury 3 years ago, now he has passed away. Can the estate claim the money from that check $ 70,000 ?
The executor or administrator of your uncle's estate should be able to have the check reissued to the estate.See question
They want me to become administrator of his estate as I am a U.S. Citizen they are not citizens of US they are seniors and in poor health, can they sign waiver to give me permission?there is no property but he has bank accounts and insurance polic...
Mr. Fiorella is correct. Your situation is more complicated than a standard administration proceeding. I suggest that you contact an experienced probate attorney to assit you.See question
I am an executor of estate since 2009 and the newphew to the deceased -July 5, 2005 is now contesting the will stating he wasn't informed. Although the lawyer who probated the will spoke to him personally to inform him that his aunt did not want h...
If the nephew is an interested party in the probate proceeding, he should have been given formal notice through a court issued citation. Informing the nephew by letter or by speaking with him is not sufficient. If you are not satisfied with the services of your current attorney, you would be wise to find a new probate attorney. If the nephew is trying to have the probate decree vacated, you need competent representation.See question
You should shop around more. Many lawyer's charge a flat fee for a simple probate.See question
Please tell me who has legal rights to the estate of someone who has died intestate in New York. I was told it goes first down (children / grandchildren) then if none, sideways ( siblings either whole to half blood), then only if none, upwards to...
Parents have the first right to administer an estate and then the siblings (see Surrogate's Court Procedure Act 1001 - link provided below).See question
I need to serve a citation on a beneficiary with a December 11 citation hearing date.
Personal service of a Citation issued by the Surrogate's Court must be made at least 10 days before the return (hearing) date. See Surrogate's Court Procedure Act section 308 (1) (a) (i).See question