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Probate ct granted sum. judgm't to opposing counsel on most

Probate ct granted sum. judgm't to opposing counsel on most of my claims. I am working on a motion for reconsideration.With past motions, oppo. atty. always included the notice of motion with the motion itself: "Notice of Motion and Motion to ..."Q. Must both be in 1 doc. or may the Notice be sent x # of days ahead of the actual Motion doc.?

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RayAnswers

Lawyer

Doctoral Degree

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I am named an executrix in my mother's will, but other

I am named an executrix in my mother's will, but other family member's members are deciding who will act as executors and disperse property, not in accordance to the will. My mother just passed on Jan 5th in Ohio, I am returning to Florida tomorrow where I live.JA: What documents or supporting evidence do you have?Customer: The will, I am not allowed any access here to any financial documents. I have a copy of the will at home in Florida.JA: Anything else you want the lawyer to know before I connect you?Customer: Do they have a legal right to bring in someone else to replace me?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

50,074 satisfied customers
My father passed over 2 years ago leaving an estate. There

My father passed over 2 years ago leaving an estate. There are 3 children and his wife (not our mother) Wife is executor and there is now will. She has not moved forward with settling the estate and children would like to hasten the process WHat motion or complaint needs to be filed to move the process forward or remove her as executor?JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: MArylandJA: What documents or supporting evidence do you have?Customer: Evidence of what? We have some communication from an attorney she hired over a year ago. There was an update sent asking estate to pay for her legal feesJA: Anything else you want the lawyer to know before I connect you?Customer: She has yet to file an inventory of the estate assets that's all.

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ScottyMacEsq

Doctoral Degree

23,738 satisfied customers
My mother passed away in Georgia in September of 2016. The

My mother passed away in Georgia in September of 2016. The only funds of hers I could locate was about $6200 in her bank account. I paid nearly all her debts with the funds. She still owes around $13000. Her estates consists of a few rooms of furniture, some clothes and costume jewelry nearly all of which was left in her will to me and my siblings. It is not nearly enough to cover her $13000 credit card bills. My questions is as an heir am I obligated to sell her few assets to pay off her credit cards? I believe she has money in a bank somewhere but I am having trouble locating any accounts. Thank you! Cynthia4

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Infolawyer

Attorney

Juris Doctor.

39,114 satisfied customers
Good Evening, I just saw the statement from Attorney2 re:

Good Evening, I just saw the statement from Attorney2 re: providing a link for a local attorney who will provide a free consultation in my area and a written statement on his/her firm letterhead. This would be extremely helpful, as my discussion with the Trustee this afternoon was non-productive. Thank you, ***** ***** your invaluable assistance!

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Attorney2

Doctoral Degree

7,814 satisfied customers
In ref to the above… Per NY SPCA petition for letters of

In ref to the above…Per NY SPCA petition for letters of administration c.t.a. with will annexed can only be made when the decedent has died with a will and either the will failed to name an executor or the named executor and/or substitute executor, 1) predeceased the decedent, 2) died during probate administration, or 3) failed to qualify as executor for the estate.Eric is the named Executor in the Will of JohnTherefore, Isn't Mary's petition premature? Shouldn't the petition be filled after Eric has failed to qualify?Shouldn't Mary's petition be dismissed on the grounds that she does not have the right petition for letters of administration with the will annexed… at this time.I REALIZE THAT Mary can still object to the appointment of Eric as executor of the will of John!

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

50,074 satisfied customers
Your Reply… If hasn't been appointed as Administrator of

Your Reply…If Mary hasn't been appointed as Administrator of John's estate, she is simply a private citizen who has a petition pending to be appointed, but has no legal authority to ask for anything at this point.This is because the law grants no authority for one individual to inquire into another individual's personal dealings and financial matters, alive or deceased, without being granted that formal authority through the courts.It would be like saying I could ask for John's financial records... which obviously I have no legal authority to do because no court has granted me that authority.My new question….Would the attorney representing Mary be able to ask the court to grant authority for John's financial records while her petition is pending? If so, wouldn't Mary's attorney have to show a good reason??

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

50,074 satisfied customers
Per a previous question …. MY INFO PROVIDED is deceased! has

Per a previous question ….MY INFO PROVIDEDJohn is deceased!Mary has applied for Administrative letters c.t.a., for the estate of John, on behalf of John's brother's estate. John's brother Pete, survived John, but deceased thereafter.John's Will names John's brother Pete the sole heir. John's Will nominated Eric as the Executor of his estate.Mary has not yet been appointed as representative of the estate of John. No letters of administration c.t.a. have been issued to her yet! Mary wants an accounting from Eric!YOUR REPLY….only the legal rep for John's estate has the authority to request that information. So if no one has been appointed by a judge yet, then no one has that authority.MY REPLY WAS….Mary could not legally ask Eric for an accounting as POA at this time? Could Mary ask the financial institution for John's banking account info at this time? No letters have been issued to her Yet!YOUR REPLY… No, she has no legal authority until formally appointed by the judgeMY REPLY WAS…Could Mary ask the financial institution for John's banking account info at this time?YOUR REPLY….No, same reason.MY NEW QUESTION REFERENCE THE ABOVE INFOWHAT NY STATE REGULATION PROHIBITS MARY FROM HAVING THE LEGAL AUTHORITY TO REQUEST THE INFORMATION mentioned to above?Thanks in advance!

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

50,074 satisfied customers
My husband passed away on Dec 13th, he has no estate. Am I

My husband passed away on Dec 13th, he has no estate. Am I responsible for his ambulance bills, nursing home, and hospital bills?JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: PAJA: What documents or supporting evidence do you have?Customer: What do you mean?JA: What confuses you?Customer: the term supporting documents, he had no will. He has a joint acct w/$89. He was on SSI disability. He did not own anything, no assets.JA: Anything else you want the lawyer to know before I connect you?Customer: Not that I can think of....I'm still in shock right now, just getting a lot of bills, and am a bit overwhelmed.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

50,074 satisfied customers
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