Archived
Can I sign away monies from a company transferred to an Estate if I signed away rights to the company?
Frederick's answer
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Answered on July 03, 2016
You need to start by carefully reviewing exactly what you signed regarding your rights to the company. Without seeing what you signed there is no...
Archived
What are my legal rights?
Frederick's answer
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Answered on July 03, 2016
You have a tenant. If your uncle is refusing to vacate, you will need to evict him. I do not recommend that you enter the property without your...
Archived
How can adult children sell the family residence if their divorced father dies without a will?
Frederick's answer
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Answered on June 29, 2016
One of the children needs to file a petition in the Surrogate's Court in the county where your father resided to be appointed the Adminstrator. ...
Archived
HOW and what can I do
Frederick's answer
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Answered on June 27, 2016
Did your father leave a Will? He had the right to disinherit his spouse. She could elect against the Will but would be limited by law. If your...
Archived
Can any family member have the authority to handle my father's estate without filing anything with the courts? (died intestate)
Frederick's answer
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Answered on June 27, 2016
The simple answer is you need a lawyer and quickly. If your father died without a Will and he owned real estate just in his name an Administration...
Archived
Can an Irrevocable Life Insurance Trust mandate that the Trustee hold the insurance proceeds in a Lifetime Trust for my kids?
Frederick's answer
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Answered on June 26, 2016
I would start with the trust you already established. It may already give the Trustee the discretion. It is possible to decant or pour over...
If a lawyer and 2 witnesses have signed a will, but there is no notarized seal on the document, is it valid for probate?
Frederick's answer
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Answered on June 25, 2016
If the Will signing was conducted by an attorney there is a presumption that it is valid. There is no need for the Will to be Notarized. However,...
Archived
How can the children of a deceased Patriarch gain custody of their father's dead body if his wife is the beneficiary....
Frederick's answer
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Answered on June 19, 2016
You will need to petition the Surrogates Court in the County where your father resided. Although you can attempt to represent yourself, an...
Archived
I would like to confirm that the lifetime trust for my children in my Will will continue for 21 years after the death of my kids
Frederick's answer
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Answered on June 19, 2016
In New York State we have a provision in the law called the Rule Against Perpituities. It limits your ability to tie up money over an extended...
Archived
I am executor of my fathers estate. Someone is trying to serve me. Could it be related to this?
Frederick's answer
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Answered on June 17, 2016
Yes. As the Executor you are the legal representative of the estate. However, it may be something unrelated to you as an Executor.