Using Estate Sale Proceeds to Pay Cleanup and Junk Removal Costs — New York
Can sale proceeds pay for estate cleanup, junk removal, and personal property cleanup in New York? Short answer: Yes — in New York, an executor or administrator generally may use estate funds (including cash from property sales) to pay reasonable estate administration expenses such as junk removal and personal‑property cleanup. But you must follow the […]
Read article →How New York Probate Handles Unauthorized Charges to a Parent's Estate
Detailed Answer: How Unauthorized Charges to a Parent's Estate Are Handled in New York Probate When someone charges expenses to a deceased parent's estate without authority, the probate process (handled in New York Surrogate's Court) provides tools to identify, challenge, and remedy those charges. Below is a clear, step‑by‑step explanation of how unauthorized charges are […]
Read article →New York: Regaining Control of a Deceased Parent’s Bank and Credit Card Accounts
Detailed Answer Short answer: In New York, only a person with legal authority over the decedent’s estate (an executor named in a will or an administrator appointed by the Surrogate’s Court) can legally control bank and credit card accounts after death. If someone else is using those accounts, act quickly: notify the financial institutions, collect […]
Read article →New York: Securing and Inventorying a Decedent’s Home Before You Are Appointed Administrator
Detailed Answer Short answer: Act quickly to preserve the property and evidence, document everything, ask other family members to agree to a written “status quo” hold, and—if necessary—ask Surrogate’s Court for emergency relief or for Letters of Administration. If someone is taking items now, call the police for theft and consult a probate attorney about […]
Read article →How to Become the Administrator of Your Dad’s Estate in New York
Step-by-step guide to being appointed administrator of an intestate estate in New York This FAQ-style guide explains how someone (for example, a child) can seek appointment as administrator when a parent dies without a will in New York. This is general information, not legal advice. If you need help, contact a New York probate attorney […]
Read article →How Children Inherit When Someone Dies Intestate in New York
Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about a specific estate, contact a licensed New York attorney or the Surrogate's Court in the county where the decedent lived. Detailed Answer When a person dies without a valid will in New York, the state's intestacy rules (Estate, Powers […]
Read article →New York: How to Get Court Approval to Sell a House and Pay Off the Mortgage
Detailed Answer Below is a clear, step-by-step explanation of the common court processes people follow in New York when they need judicial approval to sell real property and use the sale proceeds to pay a mortgage. This overview assumes one common scenario: the property belongs to a decedent’s estate and a personal representative (executor or […]
Read article →Payable‑on‑Death (POD) Accounts and Estate Creditors — New York
How Payable‑On‑Death (POD) Accounts Affect Payment of a Decedent’s Creditors in New York Short answer: In New York, payable‑on‑death (POD) accounts generally pass directly to the named beneficiary and do not become part of the probate estate. That usually shields POD funds from ordinary estate creditor claims. However, exceptions and complications exist (for example, tax […]
Read article →Opening an Estate Bank Account in New York Using an IRS EIN
Detailed Answer When a parent dies, you often need a separate bank account in the decedent’s estate name to collect and manage the deceased person’s assets, pay bills, and distribute funds under New York law. To open that account, banks typically require an Employer Identification Number (EIN) for the estate (issued by the IRS) plus […]
Read article →New York — What Happens If a Creditor Files a Claim After the 90‑Day Notice Period?
Disclaimer: This is general information, not legal advice. I am not a lawyer. If you need legal advice about a specific situation, consult a licensed New York attorney. Detailed answer: What happens when a creditor files a claim after the 90‑day creditor notice period in New York? When someone dies and the estate enters probate […]
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