What Happens After You Submit an Insurance Claim in New York
Detailed Answer Short overview: After you submit an insurance claim in New York, the insurer usually acknowledges the claim, assigns an adjuster, investigates coverage and the loss, issues a coverage decision (approve, partially approve, or deny), and either pays a settlement or explains why it will not pay. You have rights during each step and […]
Read article →How to File a Special Proceeding to Recover Foreclosure Surplus Funds in New York
Detailed Answer Short overview: After a New York foreclosure sale, any money left over after paying the successful bidder’s purchase price, the foreclosing plaintiff’s debt, fees, and properly prioritized liens is called the surplus (or overage). Recovering that surplus generally requires filing a petition or motion in the same Supreme Court foreclosure action asking the […]
Read article →Can a consent order be used to skip the court hearing and distribute the sale money by agreement (NY)
Can a consent order be used to skip the court hearing and distribute the sale money by agreement in New York? Short answer Yes — in many New York civil cases parties can use a written stipulation and proposed consent order to have the court approve distribution of sale proceeds without a contested hearing, but […]
Read article →How do I get the probate court’s permission to sell the property when the clerk’s office won’t explain the filing requirements? – NY
Getting Court Permission to Sell Decedent’s Property in New York When the Clerk’s Office Won’t Explain Filings Short answer: If you are the executor or administrator, you generally ask the Surrogate’s Court for an order authorizing the sale (often called an “order to sell” or “order for sale”). If you do not yet have Letters […]
Read article →Can I recover personal items that heirs removed from the house before I took possession and enforce the court’s order? (NY)
Detailed Answer Short answer: Yes — you can often recover personal items removed by heirs and seek enforcement of a New York court order, but the correct path depends on what the court ordered, when the items were removed, and whether those items can be identified and located. Typical remedies include asking the Surrogate’s Court […]
Read article →What Happens if a Will Is Lost or Destroyed in NY?
FAQ: What Happens if a Will Is Lost or Destroyed in New York? Detailed Answer — How New York law treats a lost or destroyed will When a will cannot be located after the testator’s death, New York law focuses on two central questions: Was the will properly executed (valid when made)? Was the will […]
Read article →How can a personal representative confirm that a probate proceeding has concluded and a trust has been properly funded? – NY
FAQ: How can a personal representative confirm that a probate proceeding has concluded and a trust has been properly funded? Short answer: In New York, a probate (Surrogate's Court) matter is generally concluded when the court approves the fiduciary’s final accounting and issues an order or decree closing the estate (and, if applicable, an order […]
Read article →Which financial powers can be granted through a power of attorney during incarceration? (NY)
FAQ: Financial Powers That Can Be Granted Through a Power of Attorney During Incarceration (New York) Short answer: In New York a competent person who is incarcerated may use a durable power of attorney (POA) to authorize another person (an agent) to handle most financial matters on their behalf. Typical financial powers include banking, bill […]
Read article →What formal requirements ensure a power of attorney executed in prison is legally valid? (NY)
Detailed answer This FAQ explains the formal requirements that help ensure a power of attorney (POA) executed by someone who is incarcerated in New York will be legally valid and enforceable. This is an explanation of New York law and common practical steps. It is not legal advice and does not create an attorney–client relationship. […]
Read article →Can I Become the Personal Representative of My Sister's Estate in NY?
Detailed Answer Short answer: Yes — you can become the personal representative (executor or administrator) of your sister's estate in New York in many circumstances, but whether you will be appointed depends on whether your sister left a valid will, who the will names, and the order of priority under New York law. The Surrogate's […]
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