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Questions Answered by Gary Lane
2 Answers | Asked in Estate Planning for New York on
Q: Executor of an estate question

The person left no will

Gary Lane
Gary Lane
answered on Nov 24, 2020

If no Living Trust either, then you must go to probate court.

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2 Answers | Asked in Estate Planning for New York on
Q: Executor refusing to reimburse beneficiary the property taxes he paid on behalf of the Estate

Under what NYS SCPA provision, can a beneficiary petition the Court to commence a proceeding against a fiduciary if the Executor refuses to refund property taxes that the beneficiary paid on behalf of the Estate? The testator directed that all his debts and administrative expenses be paid out of... View More

Gary Lane
Gary Lane
answered on Nov 24, 2020

Yes, it definitely is self dealing. You should petition the probate court to order the executor to reimburse the payments made on behalf of the estate.

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1 Answer | Asked in Estate Planning and Probate for New York on
Q: Can the executor an the estate remove ALL items from the decedent's home without permission of the other beneficiaries?

The executor of the estate, who is also a beneficiary has removed "all" personal items of the decedent from the home. The executor was given the home in the will. The other two beneficiaries were not given an opportunity to go through any of their father's personal items, furniture,... View More

Gary Lane
Gary Lane
answered on Nov 23, 2020

Yes, they should sue. The Executor is not authorized on their own to do this. They should be communicating with the other beneficiaries. Yes, this certainly could be grounds to have them removed and replaced.

2 Answers | Asked in Estate Planning and Landlord - Tenant for New York on
Q: My mother just died and has 6 months left on her lease. Are we liable for the rent if the landlord rents to someone else

We just wanted to know if it's in our best interests to vacate as soon as possible. I assume the landlord will get a much higher rent since it's rent stabilized. Can the landlord charge double rent, i.e., to my mom's estate and to the new tenant? I don't think so, but just thought i'd confirm.

Gary Lane
Gary Lane
answered on Oct 17, 2020

No. Landlord cannot charge double rent. Were you on the lease? If not, they you cannot be charged a dime either. But it is even questionable about charging the estate while you are there. But you should immediately vacate to avoid the issue.

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4 Answers | Asked in Estate Planning for New York on
Q: Do you use an EIN number or grantor’s SS# for a trust brokerage acct?

It’s a grantors trust established in NYS

Gary Lane
Gary Lane
answered on Sep 21, 2020

Use the Grantor's EIN.

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2 Answers | Asked in Estate Planning for New York on
Q: I want my son to inherit my second home. If I put property in living trust will that protect it from his wife. thanks
Gary Lane
Gary Lane
answered on Sep 8, 2020

Yes, but only if you have your living trust well crafted. It needs to make it clear and specific that the ownership will be only in your son and not as community property or marital property with his wife. I do this frequently.

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1 Answer | Asked in Business Law, Consumer Law and Contracts for New York on
Q: Is there a law that protects the consumer from being forced into buying a warranty on a used car?

I did not want to purchase the warranty but without it I was not going to be allowed to purchase the vehicle. I requested written information regarding the warranty but nobody at the dealership was able to provide me with that, all they could do was tell me that it was mandatory and would be valid... View More

Gary Lane
Gary Lane
answered on Sep 2, 2020

That is very clearly fraudly and extortion. You should immediately report it to the Attorney General's Consumer Fraud and/or Extortion Units! Criminal.

2 Answers | Asked in Contracts and Landlord - Tenant for New York on
Q: Hi! I am writing this email to request your advice on terminating an off-campus housing lease in Ithaca. NY.

Hi! I'm an international student at Cornell University. My roommate and I currently live in an off-campus apartment in Ithaca. Due to the virus situation, we decided to move to Long Island and study online next semester. However, before the pandemic, we renewed and extended our lease to next... View More

Gary Lane
Gary Lane
answered on Aug 10, 2020

Afraid all you are likely to be able to do is try to negotiate with your landlord for a reduced amount as payment in full. Unless NY passes an emergency exception for student leases, and they have not I understand, you are stuck. Common problem.

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2 Answers | Asked in Estate Planning and Probate for New York on
Q: As 1 of 3 exec's dads will probate acct closes tues. If I write to lawyer does he have to answer my ?'s . No call back

This lawyer did parents estate when mom had dementia put her on medicaid for $. Then sibling gets excess income I have to pay, created accounts w mom as joint, refused to pay me back, I couldnt object no lawyer, really want them all caught but no help but need to know my future I have mom and... View More

Gary Lane
Gary Lane
answered on Aug 9, 2020

Dementia cancels (nullifies) any signature on any document. So that document is not effective.

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3 Answers | Asked in Estate Planning for New York on
Q: Trust was not properly notarized, is it valid?

We have an irrevocable trust in New York state from 2012. This was created as part of a larger estate planning that included wills, health care proxies and two trusts. Everything else was properly notarized except this one trust. It is signed by the grantors, however where the grantors signed is... View More

Gary Lane
Gary Lane
answered on Aug 8, 2020

You say the creator(s) of the trust are still alive. That means they can do the notarization now, today, assuming they still have mental capacity. That should solve the problem completely.

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2 Answers | Asked in Estate Planning for New York on
Q: My father died (lived in SC) with my stepmother. No will. Stepmother daughter sent me and my other siblings( his only

Children a waiver of bond to sign. None of us live inSC. Why is this needed? What happens if we don’t sign it?

Gary Lane
Gary Lane
answered on Jul 27, 2020

The bond is to protect all of the heirs if the administrator does wrong. Signing a waiver of bond will permit the administrator to proceed without a bond, thus without the heirs being protected. Bonds cost money and the waiver saves that cost, which comes out of the inheritance.

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2 Answers | Asked in Estate Planning and Health Care Law for New York on
Q: Can a couple put a house in a irrevocable trust and then, within months, collect Medicaid in New York State?

The husband had a stroke and is on disability. He wants to put his house, co-owned with wife , in an irrevocable trust for his children. He is then going to receive Medicaid to pay for his maintenance in an assisted living institution. Is the house protected from the liens or other governmental... View More

Gary Lane
Gary Lane
answered on Jul 25, 2020

If the trust was correctly created, and thus he no longer owns the property, but it is revocably going to his heir, then YES, he should qualify.

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2 Answers | Asked in Estate Planning for New York on
Q: A man who is a resident of Alabama died . He wrote over his will and crossed out paragraphs manually.

would the will be still valid? he was single he has one half sister a nephew and a niece. who gets what of his estate?

Gary Lane
Gary Lane
answered on Jul 16, 2020

Generally, a will can be changed by putting a single line through the former portion, not obliterating it. Then writing the changes on the pages. But then it should be notarized again. If that was not done the question is, was it a holographic will? That is an Alabama question.

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2 Answers | Asked in Health Care Law for New York on
Q: Does a private physician have an Enforceaable obligation to report a patient violating a quarantine order?
Gary Lane
Gary Lane
answered on Jul 8, 2020

I would say that the doctor patient privilege will withstand any other obligation to report, absent the planning of a future major crime. So NO.

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1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for New York on
Q: Our supervisor told us when and when we cannot use the bathroom. Is this illegal?
Gary Lane
Gary Lane
answered on Jul 2, 2020

Yes, that is quite illegal and should be reported.

2 Answers | Asked in Contracts for New York on
Q: havent recieved the keys 20 days after lease started. can i just break the lease and find another place to live.

Lease started june 1

still havent recieved the keys

landlord has stopped responding

buffalo ny

have not even entered the property during the lease term yet

can i break the lease and find another place

has my deposit which is equal to two months rent

Gary Lane
Gary Lane
answered on Jun 20, 2020

Yes, they have breached the lease, allowing you to go elsewhere, assuming you have notified them in writing with proof of that. They sue for return of deposit if need to.

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3 Answers | Asked in Estate Planning for New York on
Q: My husband and sister in law are co trustees of their mothers (who recently passed away) trust. Their mother's attorney

Wants to have a meeting and my husband wanted me to join him the attorney advise my husband that legally he can only meet with the 2 trustees of the trust no 3rd parties allowed my husband was wondering if this is true as he did want me to attend with him and he does not like or trust his moms... View More

Gary Lane
Gary Lane
answered on Jun 16, 2020

Since a legally married couple are considered one legal entity for most purposes, I do not see grounds to keep one spouse from accompanying the other.

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3 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: I need help with an irrevocable trust of my grandmother regarding her house. She has died how do I obtain my portion?

The trust divided her house into 4 ways. 1 of the beneficiaries has died leaving 3 of us left. 1 of the 3 is currently living in the home refuses to leave or settle the house affairs. I do not know how to obtain my piece of the house. I do not have money to hire a lawyer to settle this. The house... View More

Gary Lane
Gary Lane
answered on Jun 12, 2020

Who was appointed as the Trustee (administrator)? It is their job to distribute the assets. If they cannot do it voluntarily, as hoped, then their alternative is to file in Probate Court, to force the sale and distribution. They should hire an attorney if they are not one. The cost would come out... View More

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3 Answers | Asked in Estate Planning for New York on
Q: Grandpa recently passed away, in his will i receive all of his guns which are rifles and shotguns. Do i need a permit?

I am located in new york.

Gary Lane
Gary Lane
answered on Jun 10, 2020

Absolutely you do. Guns in your possession do require a permit, regardless of how you obtained them.

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