Who Receives Leftover Sale Proceeds When Someone Dies Intestate in New York?
Detailed Answer When a person dies without a will (intestate) in New York, any money that represents the decedent’s interest in a sale — for example, proceeds from the sale of real estate or personal property — is generally treated as part of the decedent’s estate unless the funds passed outside probate before or at […]
Read article →New York: What to Do When an Estate Administrator Withholds Asset Information
Detailed Answer Short answer: If an estate administrator in New York is withholding asset information or estate documents, you have clear legal tools. Begin with a written demand for documents, and if that fails you may petition the Surrogate's Court for an accounting, compel disclosure, seek turnover of assets, and even removal of the administrator […]
Read article →Challenging a Sibling’s Application for Letters of Administration in New York
Overview If a sibling has applied for letters of administration in Surrogate's Court in New York and you believe you have grounds to oppose that application, you can formally challenge it. This article explains who can object, common legal grounds to oppose an appointment, the procedural steps to file an objection, evidence to gather, and […]
Read article →New York: Forcing a Spouse to Sell the House and Distribute Proceeds — FAQ
Detailed Answer — Forcing a sale and distribution of estate proceeds under New York law Short answer: whether you can force a surviving spouse to sell the house and distribute the proceeds depends on who owns the house, the spouse’s legal rights (survivorship or statutory rights), and the probate process. In many cases an executor […]
Read article →Recovering a Cash Bequest in New York: Steps When an Executor Won’t Cooperate
This FAQ-style guide explains practical steps beneficiaries can take under New York law to recover a pecuniary (cash) bequest when an executor delays, refuses, or otherwise will not cooperate. It describes what beneficiaries can ask for, what courts can do, and what documents and filings commonly help resolve the problem. Detailed Answer — What to […]
Read article →How to File a Notice to Creditors in New York
Filing a Notice to Creditors in New York: Step-by-Step FAQ This article explains, in plain language, how a personal representative (executor or administrator) files a Notice to Creditors in a New York probate or administration matter. This is educational information only and not legal advice. For legal advice about your situation, consult a licensed New […]
Read article →How to Become the Executor in New York When the Named Executor Refuses to Serve
Understanding what happens when a named executor refuses to serve in New York Disclaimer: I am not a lawyer. This article provides general information about New York probate procedure—not legal advice. For advice about a specific situation, consult a licensed New York attorney. Detailed Answer When someone dies leaving a will, the person the will […]
Read article →New York — Why an inherited house might not be a probate asset and paying the mortgage to avoid foreclosure
How property can pass outside probate in New York and what to do about an existing mortgage Detailed answer — why an inherited house may not be part of probate and who must pay the mortgage Not all property owned by a deceased person becomes part of that person's probate estate. In New York, some […]
Read article →Challenging a Sibling’s Use of a Deceased Parent’s Bank Account — New York
Disclaimer: This is general information only and is not legal advice. I am not a lawyer. For advice about your particular situation, consult a New York attorney. Detailed Answer Yes — in many situations you can challenge a sibling’s use of a deceased parent’s bank account before any administrator is officially appointed in New York, […]
Read article →New York: Forcing a Sibling to Return Sentimental Items During Probate
Detailed Answer Disclaimer: This article explains general New York law and is for educational purposes only. It is not legal advice. If you need legal help, consult a licensed New York attorney about your specific situation. If a sibling is holding sentimental items that you believe belong to an estate or were promised to you, […]
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