If a check is going into the estate of my mother for 50,000.00, and this is the only thing in her estate, will this be tax free?

Creditors have 7 months after you become appointed within which to file a claim with you. However, it is not likely, since it has been 14 years...

As executor do I file for letters of testamentary in the state where the death occurred or in the state of deceased residence?

Date of residence (actually, domicile. You may have many 'residences', but only one 'domicile'. You do not acquire a new domicile unless you...

Mom in law died w/out will. husband's my and her name are on deed. lived her 25yrs. can other children force us move/sell

It depends on how the deed is worded. If you were joint tenants with her, with right of survivorship, you inherit the property. If you were...

As an executor am I paid based on total assets of the deceased even if most have beneficiaries listed including charities?

The probate should occur in the state and county of the decedent's domicile ( fact-based determination). Additional (ancillary) probate may be...

I sold my home via a short sale a year ago. How could I get documents supporting this claim? My attorney Is no longer in

You can get a copy of the deed that proves you no longer own the property. Either the County clerk or the title company that handles the...

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If your mother's lawyer filed the probate petition with the surrogate's court (in the county where your grandmother lived), the lawyer's name...

A Public Administrator in charge of my father's estate is mishandling the estate. What can I do to rectify the situation?

The facts you state are very unusual. Since you had first right to become administrator, it sounds like there are more important facts here that...

What is a fiduciary bond?

A bond is a financial promise (usually secured by an insurance or bonding company for a fee) to fulfill properly the fiduciary obligations, i.e.,...

Am I responsible for my father's burial expenses?

You are not legally responsible. Joseph A. Bollhofer, Esq. Joseph A. Bollhofer, P.C. 291 Lake Ave. St. James, NY...

Do wee need to establish an estate?

Yes, you need to be appointed by the court to handle these matters. However, if the total value of the probate estate is under $30,000 and it does...