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Recent Surrogate Court questions

I am the executor of my boyfriends will. He passed away in

I am the executor of my boyfriends will. He passed away in june 2016.He has a asbestoscase with Weitz and Luxenberg. The case is going to the Surrogate Court for probate.Will I be intided to this settlement?

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Irwin Law

Juris Doctor JD

8,840 satisfied customers
NEW YORK STATE, ERIE COUNTY. Father deceased recently. Can

NEW YORK STATE, ERIE COUNTY. Father deceased recently. Can not locate his will. Sick/partially disabled Woman on Medicaid living in his house and won't leave. Need to search for his will & understand what my rights are as next of kin, and what disabled person's rights are regarding living in the house after his death. She has been receiving mail there for over a year. Woman is not keeping house secure, and other people (her sons and friends,and total strangers to me) are coming and going as they please. Father & Mother's belongings still inside the house. House is safe to live in, but person living there is causing unsafe conditions by leaving house unlocked, falling down when nobody is there, etc. My worst fear is that this Woman would die in the house by falling down or just because of her condition - she has brain aneurysms (or so I have been told).My Father told me I was the Executrix of his will and that the house would go to me, but never gave me a copy of his will. I assumed it was in the house but it is not. I did contact his local Bank and have been told he does not have a safety deposit box. To exacerbate matters more, I live 60 miles away and have been staying in hotels near my Dad's house because I am frightened that something will happen in the house while I am away. Father's neighbors are fearful of the situation as well. I keep being told I need to "get her out of the house". I realize it's not that easy.H E L P!! THANK YOU

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NYFamilyAttorney

Licensed Attorney for 36 years

JD

972 satisfied customers
My daughter died some 18 years ago. Before she died she had

My daughter died some 18 years ago. Before she died she had the mother and myself sign, before a notary a document in ORIGINAL UNALTERED WET INK SIGNATURES WITH EMBOSSED SEAL completed in her words that which reads, “I XXXXX attest that based upon my present mental and physical state regarding my uncertain medical condition I am not capable of making decisions regarding my medical intervention and/or treatment as prescribed by the HOSPITAL or other hospitals' medical staff or its affiliates. In addition, I am not capable of managing any of my affairs related to financial and/or legal matters a consequence to my probable long-term illness. Therefore, I appoint my biological parents, XXXXX and XXXXX to make all medical, financial, and legal decisions and management of my personal concerns until my overall condition has significantly improved. However, in the event of my demise I give them full control of the aforementioned. Thus, they shall be entitled to 50% of all proceeds gained and the remainder shall be put into an escrow account on my behalf accordingly; however, in case my demise I authorize them full control of the aforementioned herein and 100% of all proceeds.”At the time of my daughter's death she already had a son, my grandson who was awarded monies in a law suit against the HOSPITAL by the NYS Supreme Court. He received monthly monies after 10 years prior to this I provided him with financial support. An annuity had been established where some monies where put into a bank account and other monies were put into escrow.Presently, he is a 19 yr old drug addict and he is constantly refusing all drug rehabilitation help like in-patient or out-patient services. The majority of the suit money are being held in the bank pending his promise to the surrogate court to at least complete high school in order to claim the suit money, which were supposed to be originally released to him at 18 yrs old.(Due to my grandson's drug addicted behavior I find it necessary to seek a judgment and lien on monies held in the bank from the suit case in which my daughter mentioned.)1.) The above document was never presented to any court and I would like to know can it be executed as a valid document in order to seek a judgment against what my daughter wished to have happen before and/or after she died?2.) Considering or excluding the above documents could one simply seek a judgment for 10 years of living expense in this matter?Answering both questions would be very helpful. Thank you.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,174 satisfied customers
I was taking care of my mother bills. She took a medical transport.

I was taking care of my mother bills. She took a medical transport. I would make the pick up appointment for her and pay the driver. I was told ro stop paying because she was applying for Medicaid.My mother has since passaway any money she had went to paying what bills i could. There is nothing left. But the transport company keep billing me.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,174 satisfied customers
My mother passed away without a will. I am the oldest child

My mother passed away without a will. I am the oldest child of three. She had purchased a home only a year before. She and my "step father" never married. He is not on the deed, but is paying the mortgage. I am fine with this arrangement, he's a good man. He wants to build a shed on the property. The municipality wants to have me sign a landlord agreement allowing him to build the shed. Can I legally do this? I am the executor as next of kin?

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Richard

Owner

Doctoral Degree

47,072 satisfied customers
My husband passed away 3 years ago. Thr will leaves all to

My husband passed away 3 years ago. Thr will leaves all to me. We have a storage unit for furniture and other household goods we didn't have room for. This is the only thing that didn't have both our names on it. I have been paying the storage fee since he passed. The storage company refuses to let me into the storage unit without a power of attorney. The idiot doesn't realize that this is impossible since my husband is dead. I live in Queens. Which court do I have to go to to get a release for the storage unit so he will let me into the unit. I also don't have the code or the keys to the unit.ThanksRobin

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Roger

Litigation Attorney

Doctoral Degree

33,582 satisfied customers
I have a hearing today in NY State Court at 2 PM motion

I have a hearing today in NY State Court at 2 PM for a motion for summary judgement.I filed a notice of claim against an estate for $46,400.00 of property stolen by the deceased person.The attorney refuses to pay and is requesting the court to dismiss the claim. Motion for Summary Judgement.Could you tell me what I need to say to the Judge today to get paid?

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KJL LAW

Juris Doctorate

1,194 satisfied customers
Mr., My father died in 2002. We were shown a will by my

Hi Mr. Simmons, My father died in 2002. We were shown a will by my father more than a year prior to his passing. It was a reciprocating will so that his 2nd wife would be able to enjoy assets but not sell or otherwise transfer those assets until she passed, they were then to be distributed between named heirs. I just discovered that his 2nd wife filed a forged, fraudulent will. I just received a copy of this forged, fraudulent will from the Atlantic County Surrogate's Court today. Can I pursue civil action against his 2nd wife for assets, financial damages, etc. Can I bring criminal charges against her? Wondered if there is a statute of limitations regarding civil and criminal actions and if so, does the time limit start when the action is performed or time limitation clock starts WHEN THE FORGERY AND/OR FRAUD IS DISCOVERED/UNCOVERED? Anxiouslt awaiting your reply. Thank you for your time and consideration. Sincerely, ***** *****chtman

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P. Simmons

Attorney

Doctoral Degree

35,698 satisfied customers
I live in Mississippi,my wife passed Sept.2 2015.I became

I live in Mississippi,my wife passed Sept.2 2015.I became very ill and was hospitalized in ICU.While in the hospital her daughter entered my home.I told her to take my wife clothes and give them to my wife's best friend to sell in her resale shop.when I got home I found out her and her friends had removed items I did not tell her to take.I called and told her I wanted these items returned her reply was mom told me I could have them I replied no way I brought the mink coat diamond engagement ring and gold watch.She and I had a big falling out.she will not answer my texts or take my calls now.Is there anyway I can legally force her to return these items

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WALLSTREETFIGHTER

Attorney

Doctoral Degree

18,060 satisfied customers
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