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AV Preeminent Peer Rated Attorneys
Staten Island Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Staten Island Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 7247 Amboy Rd., Staten Island, NY 10307

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  • 521 Forest Ave., Staten Island, NY 10310

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  • 40 Cedar Ter., Staten Island, NY 10304-1702

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  • 84 New Dorp Plz., Ste. 3, Staten Island, NY 10306

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

What do we do as their children to claim some type of ownership to this property?

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Answered by attorney Brian Haggerty (Unclaimed Profile)
Estate Planning lawyer at Minor, Bandonis & Haggerty P.C.
Talk to a title company about insuring title on an affidavit of heirship. Probably you will have to probate one or both estates.
Talk to a title company about insuring title on an affidavit of heirship. Probably you will have to probate one or both estates.

Inherit

Answered by attorney Gregory M Lane
Estate Planning lawyer at Law Office of Gregory M. Lane
It sounds like the administrator of the estate id trying to account for expenses of the deceased which may have been paid out of his or her account after he or she died for bills which existed at the time of his or her death.  This would be necessary for purposes of any estate or inheritance tax returns.  Debts of a deceased person are typically allowed as deductions from the taxable value of any property he or she had at the time of death.  As for your individual accounts information that sounds like overreaching but the joint account is probably proper.  For the joint account if you do not turn over the information the Executor may need to use a subpoena to order you or the bank to turn over the statements.  I advise you to do what you can to cooperate - it helps resolve loose ends for your now-deceased partner.
It sounds like the administrator of the estate id trying to account for expenses of the deceased which may have been paid out of his or her account after he or she died for bills which existed at the time of his or her death.  This would be necessary for purposes of any estate or inheritance tax returns.  Debts of a deceased person are typically allowed as deductions from the taxable value of any property he or she had at the time of death.  As for your individual accounts information that sounds like overreaching but the joint account is probably proper.  For the joint account if you do not turn over the information the Executor may need to use a subpoena to order you or the bank to turn over the statements.  I advise you to do what you can to cooperate - it helps resolve loose ends for your now-deceased partner.
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My mom, my ex and myself own a duplex . My mom lived on one side is on other. Mom died leaving her half of duplex to boyfriend. Can I contest ?

Answered by attorney Lori Nevias
Estate Planning lawyer at Lori Nevias, Attorney at Law
If the will was properly executed, unless you can prove that the boyfriend coerced or unduly influenced her into leaving him her half of the duplex, you probably cannot contest the will- especially if there's a no-contest clause, which would generally provide that you lose your share if you challenge the will. It is important to have the will or a copy reviewed by an attorney to make sure it was properly executed.   
If the will was properly executed, unless you can prove that the boyfriend coerced or unduly influenced her into leaving him her half of the duplex, you probably cannot contest the will- especially if there's a no-contest clause, which would generally provide that you lose your share if you challenge the will. It is important to have the will or a copy reviewed by an attorney to make sure it was properly executed.   
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