Frontenac, NY Estate Planning Law Firms & Lawyers

The asset will need to be probated. Unless you disclaim your interest by signing a disclaimer or sign a consent to alternate distribution whereby you agree he will receive your interest, you will receive interest in the home or estate, assuming there are two children. The percentage will change if there are more children.

You need to have your lawyer clarify the advice, because you are not understanding it. Only your mother can waive her rights, no one else can waive them for her. Next, you need to understand why that advice is being given. The lawyer needs to explain why he/she has reached that conclusion. Of course, that means you have to listen. Don't argue, don't interpose your own conclusions as to what is right or what ought to be, listen so that you can understand the reasoning behind the conclusion. Beyond that, you have been given a choice, so do one or the other.

Hello. My name is Damien. I am an attorney in New York City practicing in the New York City metropolitan area. For estate administration and probate issues, you would want a Trusts & Estates (T&E) Attorney. T&E attorneys handle, not only estate planning, but also estate administration and probate as well as, in most cases, estate litigation. Generally, when someone dies, the executor, if there is a Will or an heir will become the personal representative of the estate upon petitioning the court. So, an heir could attempt to review the court file to determine the status of a proceeding or attempt to request an accounting of the proceeding informally from the personal representative, or through a petition to the court for an accounting. If you need any assistance, a New York Trusts & Estates Attorney could help you. If you wish to speak on the phone about it, you can call Damien Bosco, P.C. at (646) 452-7082 or email me at DamienBoscoEsq@gmail.com