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Gary Krim

Over 30 Years Experience serving clients in NYC Nassau Westchester and Rockland

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Real Estate Law: Commercial Real Estate, Condominiums, Easements, Mortgages, Neighbor Disputes, Residential Real Estate

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14 Questions Answered

Q. 97 yo aunt - no kids, sibblings, no will. 19 nieces/nephews -16 had no relationship with her. Can they be excluded?: April 26, 2023; A: If your aunt has no Will and wants to make one, it is up to her to decide how where her estate should go, free of any undue influence which might jeopardize the validity of the Will. This assumes she is competent to make a Will. If she is not competent to make Will, or has already passed, then all 19 of the nieces and nephews would be treated equally.

Q. My grandparents died and the house is still under their name, I need to put the house in my mother's name.: February 7, 2023; A: The answer will depend on whether someone, in addition to your grandparents are on the Deed and if so what type of ownership.

Certain facts must be known before it can determined if the house can be put in your mother's name. Not an exhaustive list of questions: Did your grandparents leave Wills; what do the Wills say about who gets the assets; does your mother have siblings or nieces/nephews from predeceased siblings; is there a mortgage or reverse mortgage on the house; was the house owned by your grandparents alone or jointly with someone.

Generally only a court appointed fiduciary can change ownership on he Deed. The fiduciary is appointed by the court on petition of the person who wants that role. A fiduciary is appropriate whether or not there is a Will. The fiduciary is obligated to follow the terms of the Will or the laws of intestacy.

Without more information about the meters, I cannot say what is needed. Generally action should be taken to preserve the house, which likely would include keeping the electricity at least on until the ownership is settled. The cost for doing that would be chargeable to the estate. ... Read More

Q. Ask Written questions to individuals in a contested Will case.: July 26, 2022; A: If you have not contested the Will and the Will has been admitted to probate, you are probably unable to require them to answer questions.

If you are contesting the Will then you are able to ask certain questions and get some discovery, relating to the Will contest. If the contest is successful then you might be able able to ask broader questions, but that depends on what happens after the successful contest.

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