My father recently died and his second wife claims that he revoked the original will and there is a new will.
Kathleen's answer
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Answered on June 24, 2011
I also agree with Mr. Haber and add the following "food for thought".
You are indeed entitled to see either the original or a court-certified...
Archived
Spouse Elective Share of Estate
Kathleen's answer
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Answered on June 24, 2011
I agree that an independent attorney should be retained by your mother to review the offer made and determine whether she is receiving her full and...
Can an executor of an estate resign and appoint someone else executor? What does she have to do to accomplish this?
Kathleen's answer
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Answered on June 24, 2011
An Executor under New York law does not have the power to appoint a representative or agent. Where an executor wishes to resign, the court must be...
Archived
Do i need a trust, and if yes which one
Kathleen's answer
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Answered on June 24, 2011
Yes, you should certainly look into it. To do nothing could leave the family open to a very expensive nightmare in the future. As mentioned in a...
I received a Notice of Probate for my grandmothers passing. What does this mean for me?
Kathleen's answer
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Answered on June 24, 2011
You don't need to do anything at this time. You were notified, as you guessed, as you were mentioned in the will to receive a "specific devise",...
Archived
How i can get the funds from the attorney that never completed the infant compromise for my 2 children
Kathleen's answer
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Answered on June 15, 2011
A money award for children under 18 is commonly controlled by the court. The court typically will not release the money prior to age 18 except for...
Archived
I am a holder of a letter with limited adminstrator power. Once I distribute the money do I pay taxes or each one
Kathleen's answer
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Answered on June 07, 2011
You really need someone knowledgeable to look at the type of limitation of your letters of administration to determine what the limitation is. For...
Archived
Can a spouse challenge the right of survivorhip law in the state of new york? can i sue my brother-in-law for the money ?
Kathleen's answer
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Answered on June 06, 2011
Your ability to challenge will depend on factors which are not included in your facts given. For example, New York Estates Powers and Trusts Law...
Archived
Mom's going into nursing home, tranfer of house to me, will I lose my SSI & medicaid benefits?
Kathleen's answer
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Answered on June 06, 2011
The transfer is probably exempt, in that it will not disqualify your mother from benefits. However, it sounds likely that it will disqualify you...
Archived
My rights to see my grandfather whos in hospital his daughter (poa) is trying to stop all visitors
Kathleen's answer
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Answered on June 06, 2011
I generally agree with the answer given above. A New York Power of Attorney document does allow the agent to control personal relationships, so...
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