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Recent Surrogate Court questions

Are estate executors entitled fees if none are stipulated in

Are estate executors entitled fees if none are stipulated in the will? If so, how is it decided? Thanks.

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KJL LAW

Juris Doctorate

2,364 satisfied customers
My wife and I were legally separated. She died last July.

My wife and I were legally separated. She died last July. She lived in house and land owned by her parents. Her mother is letting the modular home go back to bank. We never got her belongings out of the house before the company came and locked her house. My wife's brother took all of my wife's stuff out and placed it in Cindy's garage. Which is right next to the house that's going back to bank. He won't let myself or kids in garage to get her belongings. What can I legally do to get all her stuff back for the kids? I'd like to report her stuff stolen.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: NyJA: Has anything been filed or reported?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: I don't think so

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

53,240 satisfied customers
My stepmother hasnt shown me any paperwork having to do with

my stepmother hasnt shown me any paperwork having to do with my fathers estate i know she has to report to the court but she hasnt shown me anything how can I get that paperwork?JA: Since laws vary from place to place, what state is this in?Customer: new yorkJA: Has anything been filed or reported?Customer: I'm sure on her end its been 2 years since he died she also sold my mothers house i lost both parentsJA: Anything else you want the lawyer to know before I connect you?Customer: no thats it theres more but its alot all hasto do with my step mother trying to get over on me

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legalgems

Juris Doctorate

18,140 satisfied customers
My father passed away leaving me executor and will states my

My father passed away leaving me executor and will states my sister and I inherit his house. There is no equity in house and we cannot afford to probate. There are previous renters living in the house 3 months post dads death. They changed the locks in the house, have no lease, and pay no rent. I do have several other brothers and sisters. Can I report the ex renters even though we plan to let the house/estate go? Should I notify the mortgage company of intent?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: NYJA: Has anything been filed or reported?Customer: Will was filed with surrogate courtJA: Anything else you want the lawyer to know before I connect you?Customer: I donot want to be responsible for any of the finances and do I have a right to have police rid of ex renters even though I am not probating

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1,496 satisfied customers
I am currently reading some old case of law! The cases

I am currently reading some old case of law! The cases refers to section 137 of the Surrogate's Court Act! Does this section still exist? If so, what is section 137 of the Surrogate's Court Act referring to? I have searched but, to date have been unable to find section 137…. ! Where would I find section 137 of the Surrogate's Court Act?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

116,626 satisfied customers
I'm a beneficiary on my Dads retirement and so is my mother

I'm a beneficiary on my Dads retirement and so is my mother that has been missing since 1964, how do i declare her dead! I cannot get my money without a death certificateJA: What state are you in? It matters because laws vary by location.Customer: NYJA: Has anything been filed or reported?Customer: neverJA: Anything else you want the lawyer to know before I connect you?Customer: She came over from Japan, military Dad

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1,496 satisfied customers
I want to object to the issuance of letters testamentary to

I want to object to the issuance of letters testamentary to my aunt in a probate proceeding of the Will of my uncle. This is in NY State. My aunt had POA for my uncle and I believe she took money from my uncle. How should I proceed with all this in Surrogate Court? Will I need to prove that she is dishonest in matters of Money? I do not currently have any evidence to prove her guilty of fraud, etc..? Will I have to wait until after she is appointed and then ask her for an accounting? The Uniform Rules for NY Surrogate Court 207.27 seems to be referring to the objection to the Probate of the Will! What rules, procedures or regulations would apply to the objection to the issuance of letters testamentary? Fraud is one reason for disqualification of a nominated executor. It would seem then that the dishonesty issue would have to have been determined previous to my aunt's filing the petition of letters testamentary?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

116,626 satisfied customers
Opening an estate acct in my parents name.. told i also need

opening an estate acct in my parents name.. told i also need a surroate? small estate 6 siblings.. what is this surrogate paper and what is it for? do i need to go to the courthouse to get one? I am the executrix.. totally confusedJA: Because family law varies from place to place, can you tell me what state this is in? What confuses you?Customer: New YorkJA: Has anything been filed or reported?Customer: death certificates..JA: Anything else you want the lawyer to know before I connect you?Customer: how much is this going to be

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legalgems

Juris Doctorate

18,140 satisfied customers
I am a trust of an estate, the descreased person was

I am a trust of an estate, the descreased person was renting. I am trying to remove items before evicition. There is a lot of credit card debt and a possible embellzement of a non profit account. How can I resign as trustee and still remove items. I am also the beneficiary of the estate. Big mess!!JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: NevadaJA: Has anything been filed or reported?Customer: not officiallyJA: Anything else you want the lawyer to know before I connect you?Customer: There is a lawsuit against his life insurance that he left to me. It is more that the amount of the insurance policy,

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

116,626 satisfied customers
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