New York: Enforcing or Disputing an Oral Agreement to Divide Wrongful Death Proceeds
Short Answer Under New York law, wrongful death proceeds are recovered by the decedent’s personal representative for the benefit of statutory distributees. An oral agreement to divide those proceeds can sometimes be enforced as a contract, but enforcement and challenges depend on who made the promise, whether the personal representative had authority, the available evidence, […]
Read article →Serving as Administrator of a Parent’s Intestate Estate — New York
Detailed Answer Short answer: In New York you apply to the Surrogate’s Court in the county where your mother lived when she died to request letters of administration. The court will decide who has priority to act as administrator, require basic paperwork (death certificate, inventory of assets, and a petition), and usually require a fiduciary […]
Read article →Do administrators have to post a probate bond in New York when there is no will?
Do you have to post a probate bond in New York when there is no will? Short answer: In New York, a personal representative (administrator when there is no will) will generally be required to furnish security (a probate bond) unless the Surrogate’s Court dispenses with that requirement. The court can waive the bond if […]
Read article →New York — Selling an Estate House Facing Foreclosure When a Co‑Administrator Refuses to Sign
Short answer If an estate-owned house is at risk of foreclosure in New York and one co-administrator refuses to sign necessary sale or settlement papers, the practical and legal path is usually to seek direction or authority from Surrogate's Court. The court can authorize a sale, allow one administrator to sign in place of another, […]
Read article →Releasing Estate Funds During a Distribution Dispute — New York
Detailed Answer Short overview: If an estate’s money is tied up because beneficiaries or creditors dispute how to split it, the person in charge of the estate (the executor or administrator) typically asks Surrogate's Court in New York to decide what to do. The Court can approve interim distributions, resolve competing claims, order the estate […]
Read article →What Happens to Leftover Money After a Home Sale in New York Estates
How money from a sold home is handled in an estate under New York law Short answer: If the home was an asset of your father’s probate estate and someone (usually the executor) sells it and pays off mortgages and other valid debts, the leftover cash generally becomes part of the estate and is distributed […]
Read article →Reimbursing Personal Payments for a Decedent’s Vehicle Lien — New York
Can I reimburse myself from the estate for the money I paid from my own funds toward the decedent's vehicle lien? Short answer: Often yes — but it depends on whether you are the decedent’s appointed personal representative (executor or administrator), whether the payment was reasonable and necessary to preserve estate property, and whether the […]
Read article →How Remaining Estate Funds Are Distributed to Children in New York
Detailed Answer Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about a specific estate, consult a New York-licensed attorney or the Surrogate's Court. Overview — what happens before distribution Before any remaining estate funds can go to the decedent's children, the personal representative (called an executor if there […]
Read article →New York: Bond Requirement for Administrators of an Intestate Estate
Bond requirements for someone appointed administrator of an intestate estate in New York Disclaimer: This is general information only and not legal advice. I am not a lawyer. For guidance about a specific case, consult a licensed New York attorney or the Surrogate’s Court in the county where the decedent lived. Detailed answer — how […]
Read article →Factors the Court Considers When Appointing an Estate Administrator in New York
Detailed Answer Overview. When someone dies without an executor able or willing to serve, New York courts appoint an administrator to collect the decedents assets, pay debts, and distribute property. The Surrogates Court evaluates who should get letters of administration based on statutory priority, the candidates fitness, and what will best protect the estate and […]
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