Do wrongful death proceeds pass in accordance to the Decedent's Last Will and Testament? (NY)
Detailed Answer Short answer: Under New York law, wrongful death recoveries for the pecuniary loss of survivors are distributed by statute to the decedent's distributees and do not pass simply as assets of the decedent under the terms of a Last Will and Testament. However, a separate survival action for the decedent's own pre‑death losses […]
Read article →What are the risks associated with probating my father's estate without legal representation in NY?
Detailed Answer Probate in New York begins when someone files a petition with the Surrogate’s Court for the county where your father lived. In New York, executors (if there’s a will) or administrators (if there’s no will) serve as fiduciaries under the Estates, Powers & Trusts Law (EPTL). They must follow strict rules on notice, […]
Read article →How to Probate a Will Not Witnessed or Notarized in New York
Disclaimer: This article provides general information and is not legal advice. Consult a qualified attorney for advice tailored to your situation. Detailed Answer 1. Requirements for a Valid Will in New York Under New York’s Estates, Powers & Trusts Law § 3-2.1, a will is valid only if all of the following occur: The testator […]
Read article →How to Obtain and Submit an Original Will or Filed Copy During Probate Administration in NY
Detailed Answer Disclaimer: This article is for informational purposes and does not constitute legal advice. Always consult a qualified attorney to address your unique situation. 1. Identify the Correct Surrogate’s Court Under New York law, the original will must be filed in the Surrogate’s Court of the county where the decedent was domiciled at death. […]
Read article →How to Prepare a Jointly Owned Property for Sale Before a Foreclosure Hearing in NY
Detailed Answer When co-owners in New York face a foreclosure hearing on their jointly owned property, preparing for a sale can help preserve value and avoid a court-ordered sale at auction. Here is a step-by-step approach: Review Title and Ownership Documents. Confirm all names on the deed match the mortgage documents. Obtain copies of the […]
Read article →Do I Need to Open an Estate to Pursue a Wrongful Death Car Accident Claim in NY?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under New York law, a wrongful death action is governed by Estates, Powers & Trusts Law (EPTL) § 5-4.1. That statute provides that only the personal representative of the decedent’s estate may bring a wrongful death claim, except in […]
Read article →How Do I Invoke an Insurance Appraisal Clause to Challenge a Low Diminished Value Offer in NY?
Invoke an Insurance Appraisal Clause to Challenge a Low Diminished Value Offer in New York Disclaimer: This article provides general information and does not constitute legal advice. Consult an attorney for guidance on your specific situation. Detailed Answer Diminished value refers to the loss in market value of your vehicle after repairs. If your insurer […]
Read article →What Information and Documents Should Be Gathered Before a Decedent’s Passing to Streamline Probate in New York?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Detailed Answer Preparing for probate in New York means gathering key information and documents before a person’s death. This effort helps reduce delays, minimize costs, and simplify court procedures under New […]
Read article →How can beneficiaries challenge a trustee who misuses trust funds in New York?
Disclaimer: This article is for informational purposes and does not constitute legal advice. Detailed Answer Under New York law, a trustee must administer trust assets in the beneficiaries’ best interests. If a trustee misuses trust funds, beneficiaries can take the following steps to challenge that misconduct. 1. Demand an Accounting Start by requesting a formal […]
Read article →How can I obtain proof of lost wages when my former employer will not provide payroll records? (NY)
Detailed Answer If your former employer refuses to provide payroll records, you still have several ways to gather evidence of lost wages under New York law. You can pursue a wage claim with the New York State Department of Labor (NYSDOL), seek court-ordered discovery, and use alternative documentation to establish earnings. 1. File a Wage […]
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