Monsey, NY Estate Planning Law Firms & Lawyers

The personal things you should give to your kids during your lifetime. You can create a will that leaves all to your kids, but your spouse will have the right to "elect against the will" when you pass away, claiming her elective share of your estate, which is based on the length of time you have been married. If you disclaim the inheritance from your mother it will pass as though you had died before her which may work, but you cannot change the way the property passes if you disclaim. You could ask your mother to leave the property to your kids.

Hello: I am an Attorney in New York. The named executor in the Will can petition the court to probate the Will to represent the estate to gain access to the premises of the decedent. When there is a need to act fast, the executor can request preliminary letters testamentary. An executor named in the Will may file with the court a written request for issuance of preliminary letters testamentary. One reason is to obtain access to the premises of the decedent to preserve and inventory assets. At the same time, if the decedent had been living with someone at the time of death, that person has a right to stay on the premises as a tenant that is entitled to proper notice to vacate the premises according to the landlord-tenant laws. If the tenant is refusing access, there may be a need to request judicial intervention to get a court order for entry.

Yes but if the wife decides to hire a lawyer and file a petition that competes with the child's petition, the wife will get the administration as she has priority.