As long as seven months have elapsed from the date the executor was appointed by the court, your parents may bring a proceeding in the Surrogate's...

How do you file to be an executor of an estate without an will?

Since the wife died without a will, the husband needs to file a petition to be appointed Administrator of the estate. This is done in the...

What are children's rights to their deceased parents home? is it automatic or do the children have to take specific actions?

When a person dies without a will owning real property, their interest in the real property passes to his or her distributees by operation of law. ...

What is the difference between a living will and a will?

A living will is a document through which you may state your wishes regarding being kept alive by artificial means if you should slip into a...

Property transfer between beneficiaries

If your siblings refuse to sell, you may force a court ordered sale through a Partition proceeding. The proceeding may be costly and time...

The minimun age to serve as executor or administrator of a will is 18 years.

Where do I search to see if a will has been filed?

You will need to check with the Surrogate's Court located in the County in which the decedent resided.

What can I do if my father is going to, or has been removing money from my account that is under his name?

If the account is only in your father's name, then the Bank will likely refuse to give you any information unless your father gives them permission...

Obtaining court document without probate

Normally, if the account has a named beneficiary, the financial institutions do not ask for the appoinment of an executor or administrator. This...

Tax return for deceased taxpayer by "personal representative"

You will need to file a full year return for 2009 and a partial year return for 2010. The returns should have the notation "DECEASED" on the top....