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My father died in 2006. The house was put in the 5 children's names 9 years before. My brother has been living there since.
David's answer
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Answered on January 18, 2013
The analysis should consider what the actual upkeep and taxes paid by the sibling living in the residence was as well as the fair market rent the...
Archived
I am on my mother in laws mortgage with her she is the only one on the deed is that legal in NY. She didn't want me on the deed.
David's answer
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Answered on January 18, 2013
Yes it is legal to have people on mortgages who are not titled owners to a property.
Archived
In my father's will he deliberately left nothing to his 5 issues. The 5 issues were listed and my name is incorrect.
David's answer
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Answered on January 17, 2013
Not sure what you are asking. Assuming you mean that your dad WAS owed money, his estate can seek to recover those sums owed. The debt owed to...
We are married and need to file for bankruptcy, but my husband has a car that is under his name and his brother's name.
David's answer
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Answered on January 17, 2013
Property of the Bankruptcy Estate includes all legal and equitable interests of the debtor in property. So yes, unless the car would be considered...
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Do I have a case against an estate inheritance that seems to of been manipulated against three siblings for one brothers benefit
David's answer
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Answered on January 17, 2013
A will that bequests everything to one child and leaves out all other children is not invalid on its face. A parent can do that. However, other...
Archived
Am I next in line to inherit or are my nephews?
David's answer
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Answered on January 17, 2013
NY Law is very clear on your fact pattern. You and your sibling would inherit, in equal shares, your aunt's estate "by representation". By...
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If my godmother is deceased and has no other heirs to her estate or relatives can i claim her unclaimed funds.
David's answer
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Answered on January 17, 2013
NY law provides for various scenarios where person dies without a will. Unfortunately, none of those provisions provide that non-blood relatives...
Archived
Do I have a case against a will that might of been manipulated?
David's answer
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Answered on January 17, 2013
A will that bequests everything to one child and leaves out all other children is not invalid on its face. A parent can do that. However, other...
Archived
Husband termial ill, there is no will, we own our home, both names on deed. so do I need a will. children on both sides .
David's answer
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Answered on January 16, 2013
The answer to whether you need a will or not depends on what you and your husband would want to happen to the home after both he and you pass. It...
Archived
Can NYS Surrogate court limit executor commission.
David's answer
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Answered on January 16, 2013
Surrogate's Court has the power to do both and can do so with or without a petition from an interested party. Obviously, they particular facts...
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