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How can I keep my fathers house that still has a home equity loan on it. And he passed away with out a will
Rudolf's answer
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Answered on January 13, 2014
Since your father died without a Will, the house automatically passed to his distributees. If your father died unmarried and only had two children,...
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Estate law/insurance policies--What can we do to make certain we have all of our parent's pertinent documents?
Rudolf's answer
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Answered on January 13, 2014
I have provided links (below) that may be helpful in searching for life insurance information. The first is a good article on how to search for...
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Mom died with no will and had a checking account with $40,000 in it. How do we access the money so we can pay her bills?
Rudolf's answer
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Answered on January 10, 2014
If the checking account in your mother's name has more than $30,000, you must file a proceeding in the Surrogate's Court and be appointed...
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My uncle just recently died in his house. I cannot find a will. He has all his things still in the house. What do I do?
Rudolf's answer
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Answered on January 09, 2014
I'm assuming that the house has been sealed by the police. You should obtain a Will search order from the Surrogate's Court located in the county...
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Where can I find information about the status of the probate of my mother's will-lawyer won't help us?
Rudolf's answer
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Answered on January 09, 2014
I agree with the other attorneys. You may go to the Surrogate's Court in the county where your mother resided and obtain the information. Go to...
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Can a beneficiary of an irrevocable NY trust petition the Surrogate Court to compel an accounting versus aTrustee that resigned?
Rudolf's answer
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Answered on January 07, 2014
The simple answer is that a beneficiary may petition the court to force former and current trustees to account for their actions. However, the...
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When a Will is read, how will the beneficiaries know? Does the attorney whom the deceased used contact all people named in will?
Rudolf's answer
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Answered on January 07, 2014
There is no "reading" of the Will. The Will is filed with the Surrogate's Court for probate. As part of the probate process, your friend would be...
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What legal form do we use for a sibling home buyout which was a inheritance?
Rudolf's answer
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Answered on January 02, 2014
Did the last parent to die leave a Will? If so, the Will may need to be probated before the house is transferred to your brother. If there is no...
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Grand mothers estate.What do we do if my grandfather is not responding and can we prove he has not been with her so he gets nada
Rudolf's answer
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Answered on January 02, 2014
There is a court proceeding that may be brought to disqualify your grandfather as a spouse if you are able to establish a basis as set forth in the...
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Can a permanent resident of the United States be designate by the court as the executor of a will ?
Rudolf's answer
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Answered on December 27, 2013
Yes. A resident alien may serve as an executor in New York.
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