What Happens to Mortgage Payments and Utilities During Probate in New York
Managing mortgage payments and utilities during probate in New York This FAQ-style guide explains how mortgage obligations and utility services are handled while an estate is going through probate in New York. It assumes no prior legal knowledge and uses plain language. Detailed Answer Who is responsible for mortgage and utility payments during probate? After […]
Read article →New York: How to Decide Which Assets to List on a Small‑Estate Affidavit
Short answer In New York, decide which assets to list on a small‑estate affidavit by focusing on (1) assets the decedent owned solely in their name that you need to collect, and (2) assets that do not already pass automatically to someone else (for example, joint accounts with right of survivorship or accounts with a […]
Read article →How to Find a Missing Parent for Probate in New York
Finding a Missing Parent as Next-of-Kin During Probate — New York Guide Detailed Answer When you are the next-of-kin and a parent is missing at the time you need to start probate in New York, the Surrogate's Court expects you to make a diligent search for the missing person before the court allows alternative methods […]
Read article →New York: Do Right‑of‑Survivorship Assets Go on a Probate Inventory?
Detailed answer — How New York treats assets that pass by right of survivorship Short answer: In New York, assets that pass automatically to a surviving owner by right of survivorship (for example, a joint bank account titled as joint tenants with right of survivorship or property held as tenancy by the entirety between spouses) […]
Read article →New York: How to Verify If a Bank Account Falls Under the $20,000 Small‑Estate Threshold
Detailed Answer This explains how to determine whether the money in a deceased person's bank account (and other personal property) falls under New York’s informal “small estate” threshold of $20,000 so you can pursue the simplified process rather than formal probate. This is a general guide—your facts may change the result. This is not legal […]
Read article →Using a Small-Estate Affidavit to Claim a Deceased Parent’s Bank Account — New York
How to claim a deceased parent’s bank account in New York using a small‑estate affidavit Short answer: In New York, you often can collect a deceased person’s bank account without a full probate by providing the bank with the decedent’s death certificate and the bank’s required affidavit or account‑release form. New York does not have […]
Read article →Federal Estate and Fiduciary Tax Filing Basics for Executors in New York
Disclaimer: This is general information, not legal or tax advice. For advice tailored to your situation, consult a licensed attorney or a tax professional in New York. Short answer If an estate received no income during administration and the decedents gross estate is below the federal filing threshold, you generally will not need to file […]
Read article →Transferring Brokerage Account Assets into an Estate Checking Account — New York
Short answer If the brokerage account belonged solely to the decedent and has no valid beneficiary or joint owner, the person appointed by the Surrogate's Court (the executor or administrator) must present court-issued letters (letters testamentary or letters of administration), a certified death certificate, and an IRS Employer Identification Number (EIN) to the brokerage. After […]
Read article →Tracing Sale Proceeds from a Deceased Parent’s House — New York
Detailed Answer Short summary: When a house owned by a deceased person is sold in New York, the money from that sale normally becomes part of the person’s estate. The estate’s personal representative (the executor named in a will or the court-appointed administrator) is responsible for receiving the proceeds, paying debts, taxes, and expenses, and […]
Read article →New York: Can a Prenuptial Agreement Affect a Life Estate or Your Inheritance and What To Do If the Executor Withholds It
Disclaimer: This is general information and not legal advice. Consult a New York attorney for advice about your specific situation. Detailed Answer — How a prenuptial agreement can affect life estate provisions and your share under New York law Under New York law, a valid prenuptial agreement (a written, signed contract entered into by spouses […]
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