What is the process for negotiating a creditor’s payoff amount in estate administration in NY?
Detailed Answer Short overview: In New York estate administration, negotiating a creditor’s payoff (a settlement of a debt claimed against the decedent’s estate) involves verifying the claim, communicating with the creditor, proposing and documenting a settlement, protecting estate assets and beneficiaries while a resolution is reached, and—if necessary—asking the Surrogate’s Court to approve or resolve […]
Read article →How to submit an affidavit accounting for personal property in a small estate case — NY
How to submit an affidavit accounting for personal property in a small estate case (NY) Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a qualified New York attorney or the Surrogate's Court. Short answer In New York, when a decedent’s personal property does […]
Read article →What records are needed to show asset transfers under New York (NY) small estate procedures?
Disclaimer: This is general information, not legal advice. I am not a lawyer. If your situation involves disputes, large or unusual assets, or uncertainty about procedure, consult a New York attorney or the Surrogate's Court. Detailed Answer — Records you need to show asset transfers under New York small‑estate procedures When someone dies in New […]
Read article →What are the legal requirements and process for transferring a decedent’s firearms during probate in NY?
How to transfer a decedent’s firearms during probate in New York: detailed FAQ Detailed Answer — legal requirements and step-by-step process (New York) When someone dies in New York, firearms that belonged to the decedent are part of the decedent’s personal property and therefore part of the probate estate if the ownership passes under a […]
Read article →What documentation is needed to prove ownership when filing a surplus funds claim? (NY)
Detailed Answer Short answer: To prove ownership when filing a surplus funds claim in New York you must show documentary proof that you were the legal owner (or the lawful successor to the owner) of the foreclosed property at the time of the foreclosure sale. The specific documents depend on who you are (owner, heir, […]
Read article →How to protect life insurance proceeds when there is no named beneficiary from creditor claims in estate administration? (NY)
Detailed Answer — What happens to life insurance proceeds with no named beneficiary in New York? Short answer: If a life insurance policy has no surviving named beneficiary, the insurer will generally pay the proceeds to the decedent’s estate. Once in the estate, the funds typically enter probate and can be used to pay valid […]
Read article →What should I do if an heir refuses to return estate property and the estate is still open? — NY
Detailed Answer Short answer: If an heir is refusing to return property that belongs to an open estate in New York, start by confirming the item is estate property, ask for voluntary return in writing, and if that fails use the Surrogate's Court or civil courts to force turnover (or replevin/conversion actions). The estate representative […]
Read article →What options do heirs have when an estate administrator becomes unresponsive or refuses to distribute assets? (NY)
What to do if an estate administrator in New York is unresponsive or refuses to distribute assets This FAQ explains practical and legal options heirs have under New York law when an estate administrator (also called an administrator or executor when appointed under a will) will not communicate, will not provide an accounting, or is […]
Read article →How do I apply to be appointed as the personal representative of a deceased relative’s estate in NY?
Detailed Answer This FAQ explains how to apply to be appointed as the personal representative (executor or administrator) of a deceased relative’s estate under New York law. This is an educational overview only and not legal advice. What is a personal representative in New York? In New York, the personal representative is the person the […]
Read article →How can heirs petition the court to reopen a closed estate to claim unclaimed assets in NY?
Detailed Answer Under New York law, a closed estate may reopen when heirs or other interested persons discover additional assets. The Surrogates Court Procedure Act (SCPA) 7 223 authorizes the court to set aside its final decree and administer newly located property: SCPA 7 223. This process ensures rightful beneficiaries can claim assets overlooked during […]
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