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New Wills & Probate Legal Questions

Is it mandatory to file with the probate court if the person who died leaves a Will with an executor named?

I am so sorry for your loss.  You are correct: a person is not appointed as the executor unless and until the Will is probated. The issue as to the 30 days depends on state case law and is bes

M.T.G., Member, New York Bar answered 3 hours ago

If a resident of one state dies owning shares in a coop in another state, is an ancillary probate required?

I am so sorry for your loss.  Yes, you would have to file an ancillary proceeding in the state in which the coop is located in order to be able to sell it or transfer it to another party. &nbs

M.T.G., Member, New York Bar answered 1 day ago

Is an unfunded trust still valid if need as a fall back to decide distribution?

The trust that you have written about is a valid trust albeit it is not funded. If the trustor passes without the trust being funded, then the trust has no assets to be distributed. In such a circu

E.M., Member, California Bar answered 4 days ago

How to get the return of inherited property?

The matter that you have written about is more of a civil than a criminal matter. In order to get the rings back from your cousin, you should consult with an attorney to write a demand letter to th

E.M., Member, California Bar answered 5 days ago

How do I give up my rights to a property in a revocable living trust?

In California, you would have to execute what is known as a "disclaimer" of your right to inherit the trust property.  That would be any writing that states that you refuse or decline the prop

M.T.G., Member, New York Bar answered 6 days ago

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