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what rigts do benificiaries have before porbate court hearing?
State/Country relating to Question: New York Already Tried: Spoken to Lawyer regarding will and told the beneficiaries have no rights until probate and can't even ask questions of Attorney handling the will. This will take 2-3 years for probate and there is a house involved.
Hello, My name is XXX XXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today. Beneficiaries of a probate hearing generally do not have any rights besides actually receiving the money after the estate is probated. HOWEVER, they DO have the right to make sure the executor is acting within reason and not spending the money carelessly, before or after the probate. If they are not happy with the executor's actions, they can depose him (so to speak). Also, if the money is being spent unwisely before the probate is done, a beneficiary can petition for a Temporary Restraining Order until the probate is executed. Best of luck in your matter! I'm here if you need any more clarification or follow up info. I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work. Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions. Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance. There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”
Can a house be quick deeded to beneficiaries before probate in New York?
No - an executor cannot quick deed the house b/c while they have the right to move moneys around, titled property can only be re-titled to someone by the Court, since the person who passed cannot sign it over any longer and neither can the executor. I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work. Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.
can the Attorney quick deed the house in court before probate?
Sorry, no. Neither the attorney, nor the executor, or anyone else by the Court if the house is in the person's name who just passed. I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work. Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.
I understand a court has to do it, but can the estate attorney go before a court before probate and have it transferred according to the will or does it all have to go to probate first? The house has been appraised and we are going to keep the house.Probate court is going to take 2-3 years and the house and contents were specifically left to 3 individuals there is one contesting the will. The main point is there is a Co-exectutor (not one of the beneficiaries) who feels he can do what he wants with the contents of the house and the property and that the 3 beneficiaries have to no say until after probate which will mean in 2-3 years everything will be given to people NOT mentioned in the will. One of the estate attorneys will not even answer the beneficiaties concerns.
The will IS probated at the probate hearing, so NO, not before the probate hearing. Like I said, if one of the co-executors is abusing the power to manipulate stuff inside the house, a simple Temp. Rest. Order by your attorney will have him stand off until the probate is finished... I would appreciate it if you pressed ACCEPT before our next session - I do not get any credit for my time unless you do. You don't have to, but just to point out. :)
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