Father passed away and had a living Trust leaving his house to me. There is a mortgage.

The mortgage follows the house. Meaning, when the house passed to you it came with all of the mortgages and liens. If the mortgage is not kept...

Younger owner of property wishes to sell 95 year old 50% owner does not wish to sell at this time.He does not wish to do a 1031

Unfortunately, you may have to file a partition action just to get the other owner's attention. If the joint owner is served with the partition...

Regards who has legal standing to request probate & tax return documents of a decedent's estate in New York?

First, you have the right to retain your own attorney to protect your interests in the estate. All documents filed in Surrogate's Court are public...

Can an attorney hold a will ranson for a debt incurred by the deceased over 6 years ago.

The original will must be turned over. If the attorney continues to refuse to release the will, you may bring a court proceeding to compel...

When calculating exec comm. on the sale of real property do you use net proceeds or the full DOD value on Sch A of accounting?

Normally, you would calculate commissions upon the net proceeds from the sale of real property.

How to find if a parent has a will?

Contact the Surrogate's Court located in the County in which he resided. Find out if a Will has been filed or if an Administration proceeding has...

Is a codicil to a will valid if the deceased's address is wrong on the codicil?

A minor mistake in a codicil will not void the document. Rather, it is the totality of the circumstances that must be looked at before a decision...

My father in law died without a will .His new wife of 2 years withdrew all monies from investment accounts. My husband (the only

When a person dies intestate ( without a Will ), his the first $50,000 of his estate goes to the spouse. The balance remaining is divided one-half...

From the facts presented, it appears as though there is very little, if anyhting, to be administered in the estate. Plus, it appears that most if...

Yes. I agree. It is highly recommended that you have an attorney review the documentation before giving you an opinion on this matter.