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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
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.
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
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.
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.
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.
It’s a grantors trust established in NYS
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.
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
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.
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
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.
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
answered on Aug 9, 2020
Dementia cancels (nullifies) any signature on any document. So that document is not effective.
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
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.
Children a waiver of bond to sign. None of us live inSC. Why is this needed? What happens if we don’t sign it?
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.
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
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.
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?
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.
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.
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
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.
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
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.
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
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
I am located in new york.
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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