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New Wills & Probate Legal Questions - New York

If the executor of an estate also passes away before all matters with the estate are settled, can their surviving spouse act as executor on behalf of the deceased spouse?

Unfortunately, no--the position of executor is not inheritable and is not marital property. If the will designates a back-up executor, that person would then become the executor; if it does not,

SJZ, Member, New York Bar answered 14 days ago

What to do if I have been bequeathed a housebut the sole heir to the remaining estate refuses to produce the deeds to the property in order to complete the bequest to me?

If you want the houseboat, you need to send an immediate letter to this heir (I am assuming who is also the executor or trustee) and explain you need the title immediately and give a drop dead date. I

MD, Member, California Bar answered 19 days ago

What are my rights/obligations if I am the personal representative and ancillary administrator for my mother's estate?

Please seek probate counsel to assist you in this matter, as you are already an administrator of your mother's estate, which can present problems re your purchase of an asset of the estate, unless for

Victor Waid answered 1 month ago

Must all estates be probated?

I am so sorry for your loss.  If the house was in your parent's name at the time of their passing (or the passing of the last parent) then yes, you are going to have to file some sort of probate

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

What to do if my mother passed away with about $500 in her checking account, no designated beneficiary of her POD account and no Will?

First, when someone dies without a Will they do not leave "beneficiaries" (beneficiaries are those persons/entities named in a Will). Instead, in such a case, a person is said to have died "intestate"

M.D., Member, California and New York Bar answered 1 month ago

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