Archived
Will I be able to a receive a letter of testamentary for my decedent brother since I am the only surviving member of the family?
David's answer
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Answered on February 27, 2018
Since there is no will, in order to administer an estate, you will need to obtain Letters of Administration and file an Administration Petition...
If we transfer a home with a LOC into an irrevocable trust, can we draw on the line without violating the Trust and Medicaid?
David's answer
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Answered on February 13, 2018
When you put a house into a Medicaid trust, you are really transferring the equity that the home represents. Any liens on the property will remain...
I have to go to a 1404 probate hearing. Will judge rule at the end of hearing?
David's answer
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Answered on February 12, 2018
The 1404 examination is an opportunity for those who have legal standing to examine those who were witness to the execution of the will as well as...
My son died without a will and has two minor children, age 2 and 4, no spouse. ?
David's answer
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Answered on February 12, 2018
I am sorry for your loss. Assets owned by your son at his death, like his home, are part of his estate. Without a surviving spouse, as you have...
Archived
Do I have to have a probate lawyer or can I file myself? Do I have to file within thirty days after death?
David's answer
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Answered on February 12, 2018
Just because someone passed away does not necessarily mean that the probate process is necessary. You need to know what the decedent owned and how...
Archived
What do you do when the executor of a estate with hold assets from probate court to keep another from claiming funds from a 401k
David's answer
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Answered on August 11, 2015
If the 401(k) had a death beneficiary, as is almost always the case, it passed by pertain of law and is not a probate issue. You need to speak...
Archived
What should be listed in probate court
David's answer
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Answered on August 11, 2015
I hate to be the one to say you need to consult with a trusts and estates attorney but in this instance, it is really hard to give you direction...
Archived
What should be listed in probate court
David's answer
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Answered on August 11, 2015
I hate to be the one to say you need to consult with a trusts and estates attorney but in this instance, it is really hard to give you direction...
Archived
My brothers and I inherit a house in Puerto Rico, how can we claim it from New York State?
David's answer
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Answered on August 11, 2015
Not sure what you mean by claim it. Assuming you mean inherited it, the next question would be how title to the property was held prior t death. ...
Archived
Trying to locate a copy of my grandfathers will in upstate N.Y
Contacted county surrogate courts no luck. Where do I go now?
David's answer
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Answered on April 23, 2013
I practice in Saratoga County and would love to speak with you regarding this matter. Regardless, I hope you are able to locate the will.
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