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Q: Will I continue to receive my deceased ex-spouse's NYSDOC pension?
I was disabled during my marriage and divorced thereafter. During the divorce, it was agreed that I would receive a portion of my ex-spouse's pension from the New York State Department of Corrections (NYSDOC). He has recently passed away. Will I continue to receive the portion of his pension?... View More 
Thomas Anthony Sirianni
answered on Jun 30, 2026
answered on Jun 30, 2026
I am a New York matrimonial attorney with 27 years of practice on Long Island.
Whether you keep receiving a share of your ex-husband's New York State pension after his death turns almost entirely on what your divorce judgment and the pension order actually said, specifically whether... View More
Q: Can I file a joint tenancy deed after my grandmother's passing to protect her house and Medicaid benefits?
I am assisting my grandmother with her estate planning, particularly concerning her house, as we want to ensure her wishes are carried out and she remains financially stable. She currently has a will that leaves all her property and assets to me, allowing me to divide them among family members... View More
Thomas Anthony Sirianni
answered on Jun 30, 2026
answered on Jun 30, 2026
I am a New York attorney with 27 years of practice on Long Island handling real estate and estate matters, and I am going to give you the hard truth, because the plan as described does not work and could backfire.
You cannot prepare a joint-tenancy deed now and file it after your... View More
Q: How can my husband access his mother's ICU info without POA?
My husband's mother is in the ICU in Middleton, NY. His brothers are refusing to provide him with information about her condition and have blocked the hospital from giving him updates. There is no Power of Attorney or healthcare proxy in place; as siblings, they should all be included in... View More
Thomas Anthony Sirianni
answered on Jun 30, 2026
answered on Jun 30, 2026
I am a New York attorney with 27 years of practice on Long Island handling estate and guardianship matters.
Without a health care proxy or power of attorney, your husband does not automatically outrank his siblings, but New York law does not let some siblings simply freeze out the others... View More
Q: Can I challenge my mother's estate execution before 2-year death mark?
My mother passed nearly two years ago, leaving a significant estate, but I wasn't included in the will reading. I live in Toms River, NJ, and found out online that her entire estate was left to my oldest brother, although her will instructed that her assets be divided among us. She had over... View More
Thomas Anthony Sirianni
answered on Jun 30, 2026
answered on Jun 30, 2026
I am a New York trust and estate litigation attorney with 27 years of practice on Long Island.
You may well still be able to challenge this, but you need to act on facts from the court file, not on what you found online, and you need to move now. In New York a will is contested by filing... View More
Q: Can a New York LLC agreement bypass probate to transfer membership interest?
In New York, can I include a provision in an LLC operating agreement that would allow me to bypass the probate process entirely and transfer my membership interest directly to my son upon my death? Assume there are scenarios both as a single-member LLC and as a multi-member LLC, with no existing... View More
Thomas Anthony Sirianni
answered on Jun 30, 2026
answered on Jun 30, 2026
I am a New York attorney with 27 years of practice on Long Island handling real estate, business, and estate matters.
Yes, in New York you can generally use an LLC operating agreement to pass your membership interest to your son at death without probate, but only if you build it in... View More
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