Category: Probate

By:Kamilla Mishiyeva, Esq.

How to Access the Safety Deposit Box in New York of a Deceased Foreigner

How to access the safety deposit box located in New York of a deceased foreign person Here's a common scenario most face when they know of a deceased person who used to live in New York, moved out of the country, but still had a safety deposit box in the ...
By:Kamilla Mishiyeva, Esq.

Foreign Decedents with Assets in New York

What To Do If You Have Foreign Decedents with Assets in NY There are many instances where someone lives in a different country but holds assets in New York. Maybe the decedent worked or lived in the US at one time and returned to their home country to retire. Or, ...
By:Kamilla Mishiyeva, Esq.

How Long Does Probate Last?

How long does probate take in New York City? Clients often ask me “Kamilla, how long does probate take?” This can be a hard question to answer, especially nowadays. Covid 19 has significantly backlogged the courts.  Some Surrogate Court counties are more impacted than others. Even if the file is ...
By:Kamilla Mishiyeva, Esq.

An Executor Stole from an Estate. Now What? 

What to do when an executor steals from the estate? The suspicion that an executor may be stealing from an estate is a common grievance from heirs and beneficiaries. The problem lies in the fact that an executor is the only person or entity in control of estate assets. Unless ...
By:Kamilla Mishiyeva, Esq.

How to get Letters Testamentary in NY

How to get Letters Testamentary in NY The Process in Acquiring The Letters Testamentary in NY You might have received notice from the Office of the New York State Comptroller Unclaimed Funds about an entitlement to money from a deceased family member. Or, you may be trying to access a ...
By:Kamilla Mishiyeva, Esq.

Challenging a Will in New York State

Challenging a Will in New York State or NYC Challenging a will in New York State or New York City is not a simple task. The right to contest a will is not an inherent power available to just anyone. You cannot contest your neighbor’s will simply because you believe ...
By:Kamilla Mishiyeva, Esq.

5 Ways To Find Out If Someone Has A Will

5 Ways To Find Out If Someone Has A Will   What Are The Five Ways To Find Out If Someone Left a Will Behind? The search to determine whether someone had a will begins with the death of a loved one. Whether someone had a will plays a major ...
By:Kamilla Mishiyeva, Esq.

Should I sign a Waiver and Consent form?

Should you sign a Waiver and Consent form? The most frequently asked question in estate practice is whether someone should sign a Waiver of Process Consent to Probate form, or in the alternative, the Waiver of Citation Renunciation and Consent to Appointment of Administrator.  Both these forms are prejudicial, which ...
By:Kamilla Mishiyeva, Esq.

What & Who is a Distributee?

Understanding Who A Distrubtee Is and What Role They Play in an Estate Matter If you have visited Surrogate’s Court for information, or called an attorney’s office to inquire about your case or about a form you received in the mail, you were probably asked “who are the decedent’s distributees?” ...
By:Kamilla Mishiyeva, Esq.

What Is The Penalty For Stealing From An Estate?

What Is The Penalty For Stealing From An Estate? These days, there is a paper trail for everything. That is to say, stealing from an estate is not an easy task and can easily come to light with proper inquiry. Still, despite the dangerous ground, we regularly come across cases ...