what happens when you contact the attorney general on an estate

Can a power of Attorney administer an estate after death?

Contact Us: (513) 721-1025 | (800) 252-0155 | www.help4seniors.org 02/05/2018 Who is in charge of MER? The Ohio Department of Medicaid and the Ohio Attorney General’s Office. After the Medicaid recipient dies, the Attorney General’s Office will send a claim for estate recovery to the person responsible for the estate

Can an attorney take on a probate case?

For that information, you may contact the town or county clerk's office. Finally, to learn whether any legal actions have been brought against a contractor, you can call the Attorney General's consumer hotline at 1-800-771-7755.

How do you deal with an executor of an estate?

Mar 10, 2021 · Laws vary from state to state, so contact your state attorney general's office or consult a lawyer familiar with estate law to determine what debts you need to pay. Do not make any decisions or payments until you determine whether you are responsible for the debt; in some situations, making a payment on a debt can make you legally responsible for the entire debt.

How do I find out who is the trustee of an estate?

The Attorney General's office regulates only the offer and sale of real estate securities (which includes interests in HOAs). It generally does not become involved in owners’ problems with boards of directors after the sponsor is no longer in control of the board. However, this office may be able to help you if the sponsor of

What does the US Attorney General investigate?

AGs investigate and bring actions under their states' respective unfair, deceptive, and abusive practices laws (“UDAP laws”). UDAP laws tend to broadly prohibit “deceptive” or “unconscionable” acts against consumers.

Who does the New York state Attorney General report to?

the Governor of New YorkThe Attorney General acts independently of the Governor of New York. The department's regulations are compiled in title 13 of the New York Codes, Rules and Regulations (NYCRR).

How do I file a complaint with the NYS Attorney General?

ContactComplaint Form: To file a complaint, please complete the form at this link and mail it to us at:Phone: 212-416-8090.Email: [email protected] Hotline: ... NYS OAG Information and Complaint Helpline: 1-800-771-7755.NY State Police Investigation:More items...

How do I contact the NYS Attorney General?

Contact Office by Mail: Office of the Attorney General. The Capitol. Albany, NY 12224-0341.Press Office Email: [email protected] Helpline: 1-800-771-7755.TDD/TTY Toll Free Line: 1-800-788-9898.Healthcare Hotline: 1-800-428-9071.Medicaid Fraud Control Unit: 212-417-5397.

What to do if board of directors is not complying with certificate of incorporation?

Sometimes this is all that is needed to solve a problem. If a simple oral request to an officer of the board fails, you can write a letter. It should be factual, brief and not hostile. Keep copies of any letters that you send, and notes of telephone conversations (the date, time, who called whom, and the gist of the discussion) in case the matter is not quickly resolved.

Can I retain a private attorney?

If your efforts to resolve your problems with the board fail, you may want to retain a private lawyer. The Attorney General's office cannot recommend private lawyers. However, a few points may be helpful.

Why do people read obituaries?

They read obituaries to find personal information they can use to open new accounts, get a tax refund, use medical insurance, or apply for government benefits. This practice is so common, it’s called “ghosting” and it can be scary when it happens to a loved one who has passed away.

What happens after death of a loved one?

Steps Following the Death of a Loved One. The death of a loved one can cause a painful period of mourning and loss. However, the credit, financial, and online presence of a loved one continues even after their physical loss, unless certain steps are taken. Neglecting to take these steps can leave those surviving vulnerable to identity thieves, ...

How much does a spouse get for a death?

Surviving Spouses and Children may be eligible to receive a one-time death payment of $255 from the Social Security Administration to be applied to funeral costs. To apply for this payment, contact the Social Security Administration at 1-800-722-1213.

How to manage a deceased person's estate?

Managing the estate of a deceased loved one can be a lengthy and difficult process. It is important to first locate the will and assigned executor of the will. While it is not legally necessary, consider hiring a trusts and estates attorney who can help to navigate the process, distribute assets, and hit specified deadlines . In addition, consider contacting the loved one’s tax preparer or hiring one in case the estate needs to file a tax return. Following those steps, you will need to take the will to a city or county probate office, which is the legal process of executing a will. Additional steps will need to be taken, including locating and listing assets as well as debts.

What information is needed for a death certificate?

Also include the following information about yourself: Legal Name. Copy of identification, such as driver’s license. Current Address. Copy of Letters Testamentary, Power of Attorney, or other legal documentation with a court seal indicating you are the executor of the estate.

How much does end of life care cost?

End-of-life care can cost several thousands of dollars between hospital, nursing home, and funeral bills. The financial responsibility for these costs can vary depending on the type of care, state laws, and other regulations.

What is the Fair Debt Collection Practices Act?

This act limits who debt collectors can contact, what information they share, and how they present that information.

What is an asset?

Assets: All property owned by a person that can be used or made available to use in the payment of debts and heirs. Attorney-In-Fact: A person who receives the powers allocated by a power of attorney, such as a right to handle another person’s financial matters. Beneficiary:

What is a beneficiary in a will?

Beneficiary: A person or entity designated to receive property under a will or to receive the income or principal of a trust. Codicil: A document that amends or supplements a will. Conservator: A person or entity who is appointed by the court to make financial decisions on behalf of the impaired person. Decedent:

What is the definition of estate?

Estate: All of the property owned by a person, including real estate and personal property. Guardian: A person or entity who is appointed by the court to perform duties related to the personal care, custody and control of the incapacitated person. Health Care Directive:

What is a health care directive?

Health Care Directive: A legal document that lets others know one’s wishes regarding medical care and treatment, funeral arrangements, organ donation, and other health care concerns. Heirs: Those persons, including a spouse, who are entitled to the property of a decedent when the decedent has left no valid will.

What is a living trust?

A living trust, also called an inter-vivos trust, is an estate planning device that allows a person to transfer assets to one or more persons before and after they die. Payable on Death Account (POD): An account, such as a bank account, that is handed over to a specified person upon another person’s death.

What is a personal representative?

Personal Representative: A person responsible for the administration of an estate. This includes paying creditors and heirs. Power of Attorney: A legal agreement that authorizes someone to handle or share in handling the financial matters of another person.

Why is it important to protect assets after death?

Assets need to be protected. Following the death of a loved one, there is often a period of chaos. This, coupled with grieving, presents a unique opportunity for those bent on personal benefit. It is important for the family, even before the opening of an estate, to protect all assets that belonged to the decedent.

Do you need a death certificate after a funeral?

Most funeral homes assist families with obtaining these certificates. You should get several copies of the death certificate to ensure you have enough for all administration needs .

What to do after losing a loved one?

After losing a loved one, your focus is on your family and on grieving the loss —not administering the estate. But there are many concerns that must be resolved to ensure your loved one’s final wishes are respected while protecting the bonds of your family. Knowing what to do before grief strikes can help you navigate the difficult time ...

Can creditors open an estate?

Creditors can open an estate. Holding the assets of the decedent in an effort to prevent creditors from reclaiming their debt is a risky proposition. Creditors have the right, after enough time passes, to petition the court to open the probate estate themselves.

What is the phone number to call for probate?

If you have questions about the management of your loved one’s estate or the probate process, call us anytime at (888) 694-1761 to get answers.

What is a Probate Attorney

A probate attorney is a state-licensed lawyer who can help the Executor of a Will (if one was appointed) or the beneficiaries of an estate get through probate as they work to settle an estate.

What Does a Probate Attorney Do?

Also known as a probate lawyer, probate attorneys are hired to help settle an estate. After the death of a loved one, their Estate Plan dictates the next steps. If they have a Will, probate will be necessary. Trusts won’t go through probate, which can sometimes make the process a bit less complicated and much more private.

Do I Need a Lawyer for Probate?

Whether or not you need a probate lawyer will depend on multiple factors and scenarios. You’ll want to consider things like:

Questions to Ask a Probate Attorney

If you do end up using a probate attorney, there are a few things you should know before retaining one. Asking questions up front will ensure there are no (costly) surprises along the way. Use the following list to help you find an attorney who will be the right fit for your exact needs.

What happens if you have no heirs in New York?

If no heirs are identified, or if the identified heirs cannot prove they are the only heirs of the decedent, then the estate funds are placed on deposit with the New York State Comptroller and withdrawal of such funds requires further order of the Surrogate.

What is due diligence in probate?

When a person petitions the Surrogate (e.g. to probate a will or commence an administration proceeding) but is unable to locate all the heirs , the Court requires the petitioner to conduct due diligence in an effort to locate the heirs. This jurisdictional requirement is not meant to over burden the estate with costly and time-consuming searches. Several factors are taken into account when determining the required level of diligence including the size of the estate, the resources on hand, and the heirs’ interest in the estate.

What to do if someone dies without a will?

If a loved one died without a will and you need legal assistance regarding the probate process you should be speak with an experienced probate attorney as soon as possible. Contact us online or call our New York City office directly at 212.227.2424 to schedule your free consultation.