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Rudolf J. Karvay

Rudolf Karvay’s Answers

420 total


  • Can I initial the boxes on the durable power of attorney for my elderly mom?

    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...

    Rudolf’s Answer

    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.

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  • Parents died intestate-how to transfer property to two children.

    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.

    Rudolf’s Answer

    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.

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  • My Uncle received a check but never cashed it

    For a work related injury 3 years ago, now he has passed away. Can the estate claim the money from that check $ 70,000 ?

    Rudolf’s Answer

    The executor or administrator of your uncle's estate should be able to have the check reissued to the estate.

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  • Help to file for Administration of my Uncles estate in NY state, no spouse or children, he does have siblings in another country

    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...

    Rudolf’s Answer

    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.

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  • Do I need a real estate attorney

    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...

    Rudolf’s Answer

    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.

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  • Hi my mother die need have will done have the house but in my name I call a lawyer they charge 5.00% is that high

    will

    Rudolf’s Answer

    You should shop around more. Many lawyer's charge a flat fee for a simple probate.

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  • What are the Laws of Intestacy in New York to petition for administration to an estate?

    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...

    Rudolf’s Answer

    Parents have the first right to administer an estate and then the siblings (see Surrogate's Court Procedure Act 1001 - link provided below).

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  • When must citation be personally served upon beneficiary?

    I need to serve a citation on a beneficiary with a December 11 citation hearing date.

    Rudolf’s Answer

    • Selected as best answer

    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).

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  • Father changed will 3 years b4 he died to give house to 1 but rest of estate suuposed to go 7 son made him think was house undoi

    father wanted the house to go to son but son fooled him into having the will give him all .He lied and tried to have the 6 sign off their right to contest saying on record that it was just for the house and that the rest of the assets would be spl...

    Rudolf’s Answer

    It is important that you find an experienced estate (probate) litigator in your area to review your case and to take the necessary steps to protect your interests in court.

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  • Executor hasn't provided any accounts of Estate in 4 years since my Fathers death. Most Estate money missing. Refuses to answer

    My Father passed away 4 years ago. I am a beneficiary in the Will. He left behind an Estate of over 200,000.00 and a life Insurance Policy worth 100,00.000. I have only received 50,000.00 in total. The rest is missing. Executor claims to have put ...

    Rudolf’s Answer

    • Selected as best answer

    You should ask your attorney about forcing the Executor to file a judicial accounting with the Surrogate's Court. Once the Executor files the accounting you will be able to look into all of the financial transactions of the estate.

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