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harrylime

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Everything posted by harrylime

  1. Have you told sister that you will volunteer your own time to work the insurance issues?
  2. As Tax_Counsel mentioned, you beat this question to death on at least one other forum. If you are determined to scare yourself... Yes, you are very likely to be arrested and prosecuted for fraud. Now, what exactly does that answer do for you? Are you going to begin carrying your toothbrush around just in case you get slapped in cuffs sometime?
  3. Just because your brother wishes to be appointed to administer the estate does not mean that he cannot retain an attorney to assist and advise him.
  4. It could be that "whom" was confusing what must be included in the will and who must be notified of the opening of probate, which, in NY, is pretty wide.
  5. Then petition the probate court to order the custodian to produce the will.
  6. So, with all that blah, blah, blah, you really have no proof that this attorney has commuted fraud. I'll put it succinctly. Get some money somewhere to retain an attorney or you reconcile yourself to being happy with whatever proceeds you receive from the insurance policies.
  7. Yeah, I wasn't at all clear about context. I was thinking more in terms of the attorney not holding the original will. The attorney would have no obligation to seek out whoever might have possession and make sure that that person files. That 10 day statute, and similar ones in other states, gets badly overblown. Yeah, it's there. But it's a sword in case the custodian of a will, for some reason, is obstinate about not filing. It's not as if someone walking into the court 90 days after the testator's death to file the will is going to be clapped in cuffs and hauled away to wear the orange jumpsuit.
  8. Are you asking if that is required? If so, the answer is "No." In fact, most testators hold the original of their will. And I'm not certain what you mean by "financial paperwork", but most testators do not even hand over any of that to their attorney. Pay for what service? Unless the attorney was nominated as the executor, there is no obligation to see that the will is filed. And, as I said above, attorneys generally won't even have the original of the will. And, unless appointed by the court as executor, attorneys are certainly not obligated to see that the estate is "dispersed properly." So, you are accusing this attorney of fraud? Something that potentially would get the attorney disbarred and possibly prosecuted criminally. There is something that does not ring true here. What did the estate/probate attorneys that you consulted have to say?
  9. Can you clarify what you mean by "executor of my grandmothers estate?" Someone only becomes executor by being appointed by the court. I assume that your mother was not a joint owner or Transfer on Death beneficiary on this investment account, right? What is the total value of grandmother's assets? Are there debts that need to be paid? Did grandmother have a will? Since you mention your mother's "half," I assume that there is at least one other person inheriting? Is that correct?
  10. I assume that you mean "Sister" borrowed. The executor would be responsible for trying to collect a debt owed to the deceased. Yes. Your sister's possible bankruptcy should have no effect. But, given how long this seems to have taken, you might want to consider retaining your own attorney.
  11. The value of the property is (will be) included in the gross estate. When the property is included in the gross estate, it receives a basis step up.
  12. If this is just your typical retained life estate, the cost basis of the property will be stepped up upon mother's passing.
  13. Your post is quite confusing. You seem to be saying that a mother orally gave real property to a daughter, but never actually transferred the property legally? If that is what you are saying, then the property would still be part of the mother's probate estate. And subject to the provisions of her will and/or the intestate succession statutes of her state of domicile.
  14. Apparently what she did was to transfer the property to you while retaining a life estate. You have what is referred to as a remainder interest. The property will not be a part of her probate estate when she passes away.
  15. If grandmother's will had no provisions concerning the possibility of a predeceased beneficiary, then California's anti-lapse statute applies. If the anti-lapse applies, "yes" to your brother's children, "no" to his spouse. Do a search for: California anti-lapse You'll find a number of everyday language articles. For the statutes: http://law.onecle.com/california/probate/21110.html http://law.onecle.com/california/probate/240.html
  16. So you gave the dude a card with no bucks on it? And, at the end of the day, all you had to do was return the merchandise? And you did not get the crap kicked out of you? Or worse? Seems to me that the police ensured that a little rough justice took place without having to involve the criminal justice system in a bunch of teenager-induced nonsense. You're kidding, right? You adopt your most submissive posture, place your hands behind your back to get cuffed, and watch that you don't bang your head getting into the police vehicle's rear seat. Otherwise, you keep your mouth shut until given the chance to make a call. Then, you call Mommy and Daddy and beg them to hire an attorney for you.
  17. Why does your son need a recording? Call the house owner to testify as a witness.
  18. No, but if you get probate opened and appointed as personal rep, you may get the lender to hold up. You don't have any legal authority yet. But give it a try. With a death certificate, the bank should freeze the account, if only to protect themselves. Get probate opened and that appointment first. Then you'll be able to see what has occurred and, if appropriate, demand return of any funds to the estate. Not certain, but I suspect so.
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