Archived
Is it true that if you're not the biological father of children but were married to the mother, do you get half of the assets?
Jeffrey's answer
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Answered on July 28, 2014
In most, if not all states, a surviving spouse is entitled to a share of the deceased spouse's assets. This is true even if she left everyting to...
Can one sibling open up a small estate affidavit, and another sibling open full probate for the same estate?
mistake or fraud
Jeffrey's answer
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Answered on July 25, 2014
Both siblings can attempt to start estate proceedings. The full probate proceeding will likely take precedent over the small estate proceeding...
Archived
Does jointly-owned property with rights of survivorship need to be probated if one owner passes?
Jeffrey's answer
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Answered on July 14, 2014
No probate is needed. Son will have to provide Coop Board w/ death certificate and confirmation that there is no estate tax due in father's...
Archived
I need written proof I am in charge of my deceased fathers assets, have lost most of my paperwork.
Jeffrey's answer
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Answered on July 14, 2014
You will need authorization from the court supervising decedent's estate. Any power of attorney terminates at the principal's death. The court...
Archived
I want to create a will, but whom should I choose as executor?
Jeffrey's answer
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Answered on July 11, 2014
Choose someone who you feel is responsible and level headed. These factors are more important that choosing someone with a particlualr expertise...
Archived
Why am I being held accountable for the maintenance ofa coop left to me by my dying sister,over 30K,? The board should be paying
Jeffrey's answer
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Answered on July 11, 2014
Coops in New York state have wide latitude to act in what they think is their best interest under what is known as the "business judgement rule". ...
Archived
How long can you have an estate on probate? right now I can not sell any house there's two involved with one
Jeffrey's answer
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Answered on July 11, 2014
An estate can remain open for many years if there are unresolved issues. The IRS and state taxing authorities will frown upon the estate remainng...
Archived
Is it possible to get a CASH SETTLEMENT FROM EXECUTRIX for mental anguish and trauma?
Jeffrey's answer
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Answered on July 01, 2014
Unfortunately not. An accounting proceeding should be brought compelling her to disclose what happened to estate assets. You can then object to...
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