New York — Paying Delinquent Property Taxes on Inherited Land When You Are Not on the Deed
Understanding Your Rights After Paying Delinquent Property Taxes on Inherited Land (New York) Detailed Answer Short answer Paying overdue property taxes on inherited land in New York does not automatically make you the owner. Payment may create a legal claim for reimbursement, an equitable lien, or other limited rights in certain circumstances — but it […]
Read article →Removing an Administrator and Getting Appointed as Sole Heir in New York
Detailed Answer This article explains, in plain language, how to ask New York Surrogate's Court to reconsider already-issued letters of administration and to remove an administrator so you — as the sole heir — can be appointed. This is a general guide that describes common legal steps, typical grounds for vacating letters or removing an […]
Read article →Challenging an Administrator Who Closed a Joint Bank Account in New York
What to do if an administrator closed a joint bank account without notifying heirs Short answer: Under New York law, you can demand documentation, ask the bank to preserve records, and petition Surrogate's Court to compel an accounting, recover misapplied funds, or remove the administrator for breach of fiduciary duty. Act quickly—banks and courts move […]
Read article →How to Review and Correct Missing or Incorrect Probate Filings in New York
Quick summary If you believe probate filings in your father’s estate are missing or contain errors, start by obtaining the Surrogate’s Court file and docket. Many problems are clerical and can be corrected with an amended filing or an affidavit. More serious or contested errors may require a formal motion or petition in Surrogate’s Court. […]
Read article →How to Fix Errors in Probate Paperwork in New York
Correcting Probate Paperwork Errors in New York Quick answer: Small clerical mistakes (like typos in a name) can often be corrected with the Surrogate's Court clerk or by a simple affidavit. Substantive mistakes—such as the wrong siblings or heirs being listed—usually require a court filing (a petition or motion), supporting proof of the correct heirs, […]
Read article →Challenging an Administrator Appointment in New York
How to challenge an appointment of an estate administrator in New York Disclaimer This article is educational only and is not legal advice. I am not a lawyer. If you need legal advice about a particular situation, consult a qualified New York probate attorney. Detailed Answer — overview and step‑by‑step guidance If your grandparent’s appointment […]
Read article →Transferring Real Property Under a Will in New York: Probate, Executors, and Title Transfer
How property is transferred under a will in New York: probate and moving title Short answer: In New York, real property devised by a will normally transfers only after the will is admitted to probate and the personal representative (executor) receives authority from the Surrogate's Court (usually in the form of Letters Testamentary). The executor […]
Read article →Challenging an Administrator’s Claim to Inherited Property in New York
Detailed Answer If an estate administrator is asserting personal ownership of real property that you believe should pass to you as an heir or beneficiary, you have clear legal routes under New York law to challenge that claim. New York’s Surrogate’s Court system and state statutes govern estate administration, fiduciary duties, and distribution of decedents’ […]
Read article →New York — Who Gets Surplus Proceeds When an Owner Dies Intestate and Siblings Are Involved
Detailed answer If a property generates surplus proceeds after a sale (for example, a foreclosure sale or a tax sale) and the property owner died without a will, those surplus proceeds become part of the decedent’s estate under New York law. The surplus does not automatically go to any one sibling simply because they are […]
Read article →New York: How to File a Motion to Claim Surplus Funds After a Foreclosure
Detailed Answer — How to file a motion to determine your right to surplus money after a foreclosure (New York) Short summary: After a foreclosure sale, if the sale proceeds exceed the amounts owed (mortgage, accrued interest, fees, costs, and any properly recorded prior liens), the leftover money (the “surplus” or “overage”) belongs to whoever […]
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