Documenting a Repossessed Vehicle When Settling an Estate — New York
How to document a repossessed vehicle when settling an estate in New York Quick overview: When a loved one’s car is repossessed before or after death, the executor or administrator must collect and preserve specific documents, report the situation to the Surrogate’s Court when required, and assess creditor claims (including any deficiency). This guide explains […]
Read article →New York — Asserting a Right of Survivorship to Claim More Surplus Funds
Detailed Answer: How survivorship affects claims to surplus funds in New York Short answer: A valid right of survivorship can change who legally owns the property at the time of a foreclosure sale and therefore who is entitled to any surplus proceeds. Whether you can use a survivorship claim to get a larger share depends […]
Read article →Claiming Surplus Funds After a Tax Foreclosure Sale in New York
Detailed Answer If a tax foreclosure sale produced money in excess of what the municipality and lienholders were owed, those excess proceeds (often called "surplus funds," "excess proceeds," or "overages") may belong to the former owner or to other parties with valid claims. Under New York law, the process and priority for distributing sale proceeds […]
Read article →Transferring a Deceased Parent’s Car Title in New York When the Original Title Is Missing
How to transfer a deceased parent’s New York car title to the surviving parent when the original title is missing Short answer: In New York you can often transfer a deceased owner’s vehicle to a surviving spouse using either the DMV’s title-transfer procedures together with proof of death and relationship, or via a small‑estate affidavit […]
Read article →How to Challenge a Petition for Possession and Control of Estate Property in New York Probate
Challenging a Petition for Possession and Control of Estate Property in New York Probate Brief answer: If someone files a petition in Surrogate's Court asking for possession and control of estate property (for example, to take possession of real estate, bank accounts, or personal property belonging to a decedent), you can challenge that petition by […]
Read article →Contesting an Estate Accounting More Than a Year Later — New York
Detailed Answer Short answer: In New York you may still have options to challenge an estate accounting more than a year after a court-approved accounting, but your path depends on how and when the accounting was settled, whether you received timely notice, and whether you can show grounds such as fraud, mistake, newly discovered evidence, […]
Read article →Challenging a Sibling’s Final Accounting in a New York Parent’s Estate
Do you have options if you weren’t notified about a parent’s estate accounting in New York? Short answer (what you need to know right away): Yes — under New York law interested persons who did not receive proper notice can often challenge an executor’s or administrator’s accounting, seek to be added to the proceeding, and […]
Read article →Probate Venue Under New York Law — Where to Open Probate When a Person Dies Out of State
Detailed Answer Short answer: Under New York law, the probate court that has primary authority is the court in the decedent’s state of legal domicile at death. If the decedent was not domiciled in New York and owned no property in New York, New York courts generally have no probate jurisdiction. If the person owned […]
Read article →Clearing Creditor Claims Before Selling a Parent’s Estate Home — New York
Disclaimer: This is general information, not legal advice. I am not a lawyer. For actions affecting rights or money, consult a New York attorney or the Surrogate's Court for specific guidance. Detailed answer — how New York law handles creditor claims before selling estate real property If you are administering a decedent’s New York estate […]
Read article →How to Retitle a Deceased Parent’s Car in New York — Step‑by‑Step Guide
Detailed Answer — Retitling a Deceased Parent’s Car in New York When a parent dies, transferring the vehicle title into your name (or another heir’s name) follows a few clear steps. Which steps you must take depends on how the vehicle was titled while your parent was alive (sole name, joint title, or a designated […]
Read article →