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Questions Answered by Gary Krim
1 Answer | Asked in Probate for New York on
Q: Ask Written questions to individuals in a contested Will case.

My brother died in 2020 and left his estate to unrelated individual. I would like to present certain individuals with a list of questions that they would be required to answer.

Gary Krim
Gary Krim
answered on Jul 25, 2022

If you have not contested the Will and the Will has been admitted to probate, you are probably unable to require them to answer questions.

If you are contesting the Will then you are able to ask certain questions and get some discovery, relating to the Will contest. If the contest is...
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2 Answers | Asked in Probate for New York on
Q: Brooklyn NY: I am contesting my brother's Will. Can a father and his son who are both attorney's witness the Will?

The father drafted the will.

Gary Krim
Gary Krim
answered on Jun 17, 2022

If they are beneficiaries, then that can create a problem for each, the father more so then for the son.

If there are at least two disinterested witnesses to the Will then both father and son would receive the benefits under the Will.

Otherwise, while the Will might be valid, any...
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2 Answers | Asked in Probate for New York on
Q: MY FATHER PASSED AWAY AND LEFT HIS ESTATE TO HIS WIFE AND 4 OF HIS CHILDREN. AFTER HIS DEATH THE WIFE CHANGED THE WILL.

SHE made a will leaving my dads estate and a settlement from his job to her adopted daughter and boyfriend. is this legal. I am the Executor and oldest daughter, what are my rights

Gary Krim
Gary Krim
answered on Jun 8, 2022

To best answer your question one would have to read your father's Will. For example, if your father's Will created a trust for your father's wife funded by all his assets with her getting the income for life and on her death, the assets pass to you and your siblings, then it is... Read more »

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1 Answer | Asked in Probate for New York on
Q: My grandfather died and left a will. His wife is keeping everything secret to his only daughter and me the only grand.

Since we live in the Caribbean no one is telling us anything. My mother would like to know what was left for her so we just want some help what we can do before his wife do as she please.

Gary Krim
Gary Krim
answered on May 23, 2022

Because your grandfather left a Will, it has to be probated by the court if he had assets that require probate. You as the grandson have no direct stake in the estate.

As you describe it, your mother would have to be named in the section of the probate petition naming all people with an...
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2 Answers | Asked in Real Estate Law and Probate for New York on
Q: MY FATHER RECENTLY DECEASED. HOW DO THE REMANING SIBLINGS HAVE THE RIGHT OF THE HOUSE.

THE DEED IS IN BOTH MY MOMS AND DADS. THE KIDS ARE NOT ON THE DEED. HOW DO WE PROCEED WITH THE CHANGE OF DEED WITH THE CHILDREN NAME ON IT IN CASE OF MOTHER PASSES AWAY. HOW DO WE INSURED THAT THE PROPERTY IS RIGHTFULLY OURS

Gary Krim
Gary Krim
answered on May 19, 2022

The primary questions are: Does your mother have the legal capacity to make decisions; and assuming she does, what are her wishes as far as the house goes. She is in control.

If your mother wants the house to go to her children, the first thing to do would be to check the name on the most...
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2 Answers | Asked in Estate Planning for New York on
Q: 3 children are on will for dad's estate 1 has passed on with no will of his own is his daughter entitled to his part

My dad who is still alive doesn't want her to have anything to do with will or benifit

Gary Krim
Gary Krim
answered on May 11, 2022

The answer depends on what your father's Will says on the subject. Without seeing the Will it is impossible to say. The Will might include language to deal with this type of situation, i.e. on of the named beneficiaries dying before the maker of the Will. Generally, a bequest in a Will does... Read more »

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3 Answers | Asked in Estate Planning and Probate for New York on
Q: My mother and step-father (who are residents of NYS)own valuable real estate. If my mom passes away, do I have any

claim to her share of the property?

Gary Krim
Gary Krim
answered on May 9, 2022

It depends on a number of things:

1. What title on the property is - if you are on title then you have a claim to at least part of the property

2. Does you mother have a Will naming you a beneficiary - if there is a Will and you are not named as a beneficiary then assuming the Will...
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1 Answer | Asked in Real Estate Law for New York on
Q: What can be done about a pile of junk that was left on a purchased property?

I discovered it when looking at property I purchased in the fall. It looked mostly like old flower pots, unused landscaping materials and an old tire on a rim. I told the selling agent who assured me it would be removed before the closing. It took me the rest of the fall and into winter to move and... Read more »

Gary Krim
Gary Krim
answered on Apr 25, 2022

Unfortunately there is little you can do once you closed on the purchase. While the contract likely had a requirement for the seller to deliver possession of the property vacant and broom clean, that obligation typically ends at the closing. Your contract might allow for this requirement to survive... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: My father and his wife both passed away owning a house. Can my father's wife kids sell the house without my brother and
Gary Krim
Gary Krim
answered on Apr 18, 2022

In addition to the order in which your father and his wife died and the name on the deed of the house, whether either your father or his wife left Wills detailing who their respective executors were or if someone was appointed the administrator of the estate(s) by the court is also relevant,... Read more »

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2 Answers | Asked in Estate Planning and Tax Law for New York on
Q: Have private stock in my dad's estate for a family business. Would I pay taxes on the sale?

The person looking to buy is my uncle, he offered 90,000 between my two brothers and I. Would be pay taxes on the 30,000 each. The stocks still in the estate and the offer is to give money to the lawyer who would then write the checks to us and the stocks would never technically be ours. Is there... Read more »

Gary Krim
Gary Krim
answered on Apr 4, 2022

Only the owner of the shares can sell them. If the shares are estate assets then the executor or administrator can sell them on behalf of the estate. Depending on the circumstances the estate might have a taxable gain, but if the cash after taxes is distributed to you and your brothers as heirs of... Read more »

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2 Answers | Asked in Estate Planning and Family Law for New York on
Q: I the son am beneficiary in my moms will.she had a joint bank account of 17ooo.who gets the money.

My sister-in- law is the executor of the will and also on the joint bank account

Gary Krim
Gary Krim
answered on Apr 4, 2022

It all depends on the legal name on the signature card of account. If the account is titled in your mother's name and your sister's name, with no other language, then there would be a presumption that half the account belongs to you sister's and half belongs to your mother's... Read more »

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3 Answers | Asked in Estate Planning for New York on
Q: When a man passes away and doesn't have a will, who is the person responsible for making decisions on property left?

the relatives left behind are a 23 year old daughter, 16 year old son, and 13 year old girl. No spouse exists.

Gary Krim
Gary Krim
answered on Apr 4, 2022

This estate would have to be administered by a court appointed administrator. People under the age of 18 will not qualify as an administrator. The statutes include who may apply in orders of priority. In this case the 23 year old daughter would be the one who has priority if she wishes to petition... Read more »

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