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Question: My mom had a Will from 10 years ago that left everything equally to me and my siblings. Right before she died, I found out my brother made her sign a new Will that left everything to him. I don’t think she understood what she was signing. What should I do?

Losing a spouse is an extremely difficult time in life and handling the administration of their estate can be a stressful experience. When you are ready, it is important to seek the advice of an estate planning and elder law attorney to discuss what needs to be done on behalf of your spouse’s estate and also what planning you need to do for your own estate.

If you are the beneficiary of an estate or trust and you think that the fiduciary or person in charge is not meeting their obligations, there are procedures in which they can be removed. Surrogate’s Court Procedure Act “SCPA” § 719 lists several grounds upon which a fiduciary can be removed.

Question: My mother, who is widowed, is receiving Community Based Medicaid services. She currently owns a home in her own name; she has been hesitant to transfer it out of her name. I am concerned about Medicaid having a claim against the house after her death, am I right to be concerned?

Question: My father recently passed away. I have one brother and one sister. The will divides the assets equally among the three of us. My father’s will has nominated my sister as Executor. She declared bankruptcy several years ago and I do not think that she should serve as Executor. Do you have any advice?

Question: My mother just passed away. She did not have a Will, but I know that she wanted me to inherit everything as I am her only child. She was estranged from her husband, who is not my father. I am afraid that without a Will her assets will be taken by the State. What is going to happen?

Question: My brother is the Executor of my mother’s estate. It has been three years since she died, and he has not distributed anything. What do you recommend I do?

Question: I am the nominated executor of my friend’s estate. If I am appointed as executor, would I get paid for the work I do?

Question: I loaned my friend money and, before he could repay me, he died. Will I still be able to collect the debt owed to me?

Question: My dad died. He was remarried and survived by a wife and two children from that marriage. I’m a non-marital child. There is no last will and testament. I think he owns some property in his own name but everything else is joint with his wife. What happens now? What rights do I have?