
Mishiyeva Law, PLLC
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Mishiyeva Law, PLLC. - Probate Lawyer that assists with Estate planning & Administration, Trust & Wills for NYC, Queens, Brooklyn, Staten Island, and Bronx.
Mishiyeva Law, PLLC
1M ago
Can a convicted felon become an executor of an estate in New York? We recently received a call from a potential client whose mother died years ago. He and his brother are the only surviving heirs. Being that both brothers were convicted felons, they were advised by someone that they could not be the administrators […]
The post Can a Convicted Felon Be an Estate Executor in NY? appeared first on Mishiyeva Law, PLLC ..read more
Mishiyeva Law, PLLC
1M ago
Who is allowed to be an executor of a foreign decedent’s estate in the state of New York? The rules for who qualifies to be an executor over a foreign decedent’s estate in New York are the same as when the decedent is a US national. With foreign decedents, the issue oftentimes is that that […]
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Mishiyeva Law, PLLC
2M ago
How to open an estate for a foreign decedent in New York A big question we get is how to open an estate for a foreign decedent who held assets in New York. This can be answered with a real life case study: We recently had case where a person was trying to retrieve money […]
The post Opening an Estate for a Foreign Decedent in New York appeared first on Mishiyeva Law, PLLC ..read more
Mishiyeva Law, PLLC
5M ago
How to sell jewelry or artwork in New York that belonged to a deceased foreigner The situation where a foreigner dies and has left jewelry or expensive property in New York is more common than someone would think. How does the family retrieve these items? Can they just book a flight to NY, grab the […]
The post Selling Jewelry or Artwork in New York that Belongs to a Deceased Foreigner appeared first on Mishiyeva Law, PLLC ..read more
Mishiyeva Law, PLLC
7M ago
How to Sell NY Real Estate Belonging to a Foreign Decedent Who is Deceased There can be several reasons why a foreigner would own real estate in New York. She could have purchased it as an investment property, or bought it while she lived in New York. The decedent could have also been waiting for […]
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Mishiyeva Law, PLLC
7M ago
How to Claim a New York Bank Account of a Deceased Foreign Person We recently had a case whether the decedent worked for the United Nations, and as a condition of employment had to deposit wages into a New York bank account. Decedent died in Africa, and his children, all African citizens, could not retrieve […]
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Mishiyeva Law, PLLC
8M ago
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 state:
The deceased died in Ecuador. Years later, the family receive a letter from Chase Bank about the decedent’s two safety deposit boxes. The letter says that if the boxes are not claimed by a certain date, the bank will auction off the items and deposit the proceeds with NYS Unclaimed Funds. This is a real case that our New York probate la ..read more
Mishiyeva Law, PLLC
8M ago
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, it could be the decedent was here on a work visa and had to go back when the visa expired. Or, the person inherited real estate from a family member’s New York estate.
There is no problem with holding assets in New York as a foreign citizen. The issue arises when the person dies without liquidating the foreign assets and the property ..read more
Mishiyeva Law, PLLC
3y ago
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 in tip top shape and fully complete, it can take months for a court clerk to process it.
Besides the backlog, which I explain further below, the following are other issues that can delay:
Is Anyone Challenging the Will?
The big question always is do you expect a will challenge? Is an heir disinher ..read more
Mishiyeva Law, PLLC
3y ago
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 they volunteer information such as bank statements and records, a beneficiary cannot verify the true state of affairs. That is, unless the Surrogate’s Court is made to intervene.
NY Surrogate’s Court does not supervise the estate administration and does not serve as a watchdog over the estate. To set the recor ..read more