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Keyword Search Result: executor
THE FACTS: I am one of four children. My siblings are Joe, Bill and Mary. My mother died last month. About 15 years ago, she went to her attorney and had a will prepared in which she named me as executor. Rather than divide her estate equally between her four children, my mother essentially disinherited […]
The Facts: In his Will my father names me as the executor of his estate. I filed a petition in the surrogate’s court to be appointed executor and have been issued letters testamentary. In addition to his home in New York, my father owned a vacation home in Florida which I need to sell. The […]
January 13, 2017 – 12:00 pm
THE FACTS: My father died recently. He had a will in which he named my brother as executor. My brother and I have not spoken to each other in a number of years. I am concerned that he will close out my father’s accounts and sell his house and keep all the money even though […]
The Facts: I am named executor in my brother’s Will. He died recently and his assets include a bank account and a house. Someone told me that since I am the named executor, I can close the account and sell his house simply by presenting the Will. The Question: Is that true? The Answer: Absolutely […]
Go to http://roelresources.com/and-the-cut-crystal-goes-to/ to see my recent article on ways to distribute your assets and avoid fighting. Happy reading! Linda M. Toga of The Law Offices of Linda M. Toga, P.C. is an East Setauket, New York attorney with a general law practice focusing on estate planning, real estate, marital planning, small business […]
March 13, 2013 – 12:36 pm
Recently I was reminded of how important it is to update your Will when circumstances change. A client came to see me about probating her husband’s Will. Unfortunately, her husband had signed the Will before he met my client and did not take the time to revise it. Since he did not have any children […]
January 23, 2013 – 11:28 am
There seems to be a great deal of confusion about the commissions that may be paid to the executor of an estate. Clients frequently ask me if they should specify in their Will the total commission that should be paid to the executor or if it is better to have the commissions determined by the […]
January 8, 2013 – 2:03 pm
The Facts: Some people who have been named as executors told me their jobs were quite simple while others complained about all the time and effort it takes to administer an estate. The Question: What are the responsibilities of an executor and why does the complexity of the process vary so much? The Answer: The […]
August 23, 2012 – 6:46 pm
The Facts: I was told that the money in the joint account I have with my son and the money in my IRA will not be distributed according to my Will when I die. The Question: Is that correct? The Answer: Yes, that is correct. Many people mistakenly believe that, following their death, the provisions in their Will […]
The Facts: My father died 2 years ago. My mother is receiving hospice care. In her Will my mother leaves her estate to me and my sister. Her Will provides that my estranged brother who has not been seen or heard from by anyone in the family for over a decade is not to receive anything. […]
October 7, 2010 – 7:09 pm
As an attorney that focuses on estate planning, I am frequently asked what “probate” means. Technically, probate is the court procedure by which a decedent’s Will is either proved to be valid or found to be invalid and unenforceable. However, many people use the word probate in a more general sense to mean the process […]
January 10, 2008 – 7:07 pm
It is well-settled that executors and other fiduciaries such as attorneys-in-fact are required to handle the assets under their control in a reasonable and prudent fashion. When a fiduciary crosses the line either by failing to act, or by engaging in imprudent management of assets, he risks being relieved of his authority to act and […]
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