How do I force my sibling to give me a copy of our parents’ estate plan in NY?
Can I force my sibling to give me a copy of our parents’ estate plan in NY? Detailed answer — what New York law says and practical steps Short answer: It depends on whether your parents are alive or deceased, whether the documents are wills or trusts, and whether you are a named beneficiary or […]
Read article →What can I do if the personal representative sends me a payment without explaining how he calculated my share of the estate? (NY)
Detailed Answer — What to do if a New York personal representative sends a payment without explaining the calculation When a personal representative (executor or administrator) sends you money from an estate but does not explain how your share was calculated, you have several rights and practical steps you can take under New York law. […]
Read article →What documentation is required to prove I'm the next of kin and qualify as administrator in a reopened estate? (NY)
Proving Next of Kin and Qualifying as Administrator in a Reopened Estate — New York Short answer: To prove you are the next of kin and qualify to be appointed administrator of a reopened estate in New York, you must show your statutory priority under New York intestacy law, submit certified vital records and identity […]
Read article →How can I reopen my father's closed estate in NY so I can be appointed as administrator?
Detailed Answer Short answer: In New York you can ask the Surrogate's Court to reopen a closed estate and to appoint you as administrator, but you must show a valid legal reason (for example, a newly discovered asset, fraud, mistake, or unpaid creditor claim) and follow the court’s reopening and appointment procedures. The court has […]
Read article →What steps do I need to take when the original estate administrator has died before completing the probate? — NY
What to do when the original estate administrator dies before probate is finished in NY Detailed answer: step-by-step under New York law This FAQ explains what typically happens and what you should do if the person appointed to administer an estate (the administrator or administratrix) dies before the estate is closed in New York. This […]
Read article →How long does it usually take to get an out-of-state will approved in New York probate?
Disclaimer: This is general information, not legal advice. I am not a lawyer. For guidance about a specific case, consult a qualified New York attorney or the Surrogate's Court in the county where probate may be filed. Detailed Answer — How long it usually takes to admit an out‑of‑state will in New York When someone […]
Read article →What happens if the survey shows the property was conveyed out of my mother’s estate decades ago and I have no interest? – NY
Detailed Answer Short answer: if a title search or survey shows the property was conveyed out of your mother’s estate decades ago, then under New York law the person who received that conveyance likely owns the property now. You generally will not have an ownership interest unless you can prove the conveyance was invalid (for […]
Read article →What steps do I need to follow as executor in NY to sell real property to pay estate debts?
Detailed Answer This article explains, in plain language, the typical steps an executor (personal representative) in New York must follow when selling estate real property to pay estate debts. This is a general roadmap — the exact process can vary by county, by the terms of the will, and by whether the estate is solvent […]
Read article →What Happens to a Safe Deposit Box After Someone Dies in NY?
Detailed Answer How New York law treats a safe deposit box after a tenant’s death When someone who rents a safe deposit box dies in New York, the contents of the box become part of that person’s estate. The bank will typically restrict access until a person with legal authority—most commonly the personal representative (executor […]
Read article →When Can an Executor Be Removed in NY?
Detailed answer — removal of an executor under New York law Under New York law, the Surrogate's Court may remove an executor (sometimes called a personal representative) when the executor fails to perform the duties required by law or when the executor’s conduct indicates they are unfit to continue. Courts balance the need to protect […]
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