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I live on Staten Island, NY, and my husband purchased our house before we married. His father's name is also on the deed because he helped with the down payment. My husband and I plan to create a will and trust, intending to leave the house to the surviving spouse or to our son if we both... View More 
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answered on Mar 6, 2025
If your father-in-law is on the deed, he has an ownership interest. If your husband and father are the only two owners and are listed on the deed as joint tenants, when one dies, the other gets 100% ownership. If they are not listed as joint tenants, each owns 50%. In that case, your husband may... View More
For 15 years took care of her till she passed. My sister's wanted to sell the house. We applied for & were approved for a mortgage. They wanted more than we were approved for & didn't accept it. We stayed in the house, looking for a new place is very challenging. They placed an... View More
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answered on Jan 23, 2025
If your name is not on the deed, you are not the owner. I do not know who you are referring to when you say "They".. There are also several facts that you have not provided. Who wanted more, who evicted you, and why are your belongings still there? Was the house sold at auction... View More
Grandfather died. My grandmother was the beneficiary of his life insurance policy but predeceased him in 2016. They had 4 children which one died 9 days after him. If there's no contingent beneficiary, how will be payout be? Is the deceased child entitled to any of the money?
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answered on Dec 26, 2024
If a beneficiary of a life insurance policy predeceases the policyholder and there is no contingent beneficiary, the policy will be payable to the estate of the policyholder. If your grandfather had a Will, distribution will be made pursuant to that. The Will will have to be probated if that has... View More
Far as I know he had no will. Life insurance policy had no beneficiary and bank accounts totaling 90,000 plus are currently frozen. Is my mother legally owed any of the money. Also there's another policy that has not been claimed. What happens if my mother is named a beneficiary?
We... View More
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answered on Oct 27, 2024
When there is no beneficiary named, the account will be paid to the decedent’s estate. If there is no Will, someone must apply to the Surrogate’s Court for Letters of Administration. The priority of who may apply is 1) Spouse, 2) Children, 3) Parents, 4) Siblings. The grating of Letters of... View More
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answered on Jun 3, 2024
No. In New York, to be valid, the Will must be signed by the person making it in the presence of at least two disinterested witnesses. There is no requirement that the Maker's (Testator) signature be notarized. However, it is advisable that the two witnesses sign an affidavit at the time... View More
can an court appointed admin of an estate pick and choose what to honor in a will/or unofficial will
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answered on Mar 4, 2024
An Executor appointed by the Court is a fiduciary of the estate. They are required to follow the directives set forth in the Will which has been validated by the Court. There is no such thing as an unofficial Will. A Will may be contested by non-family members. However, they must demonstrate... View More
Is a healthcare proxy sufficient or do I need more?
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answered on Feb 4, 2024
A Health Care Proxy would allow you to make health care decisions if your parents were unable to do so themselves. However, managing their care, paying expenses, and completing paperwork would require a Power of Attorney to be signed by your parents naming you as their agent. In both cases, your... View More
We always had a very good relationship with our son. We were the primary care taker of the family dog for 10 years while our son lived with us. Our son moved out and is living with a person who hates her parents. All of a sudden now our son hates us. We understand he does not have to see us but... View More
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answered on Jan 13, 2024
If you are acknowledging your son is the legal owner and you do not wish to have permanent and sole possession of the dog, it would be difficult to convince a court to give you visitation rights. However, your burden would be to prove why it is in the dog's best interest for you to have... View More
My father in law passed without a will 9 years ago in NY. His wife wouldn’t speak to anyone and my husband received nothing despite having property, cash and other assets. Is he entitled to anything and is there anything he can do?
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answered on Dec 27, 2023
If your father-in-law died intestate (without a Will) with property that was not jointly held or with no named beneficiaries, it would pass under New York State law. Since there was a spouse and at least one child, those assets would be split between them. Real estate would be a matter of public... View More
I called the precinct and they said that the cat was given away
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answered on Dec 1, 2023
Assuming your friend told the police that you were the owner and assuming that you can establish ownership, you would have to get a court order to force the police to reveal your cat’s location. You would then need to contact the person in possession to get it back. If they refuse, you would need... View More
My mother, who lives in New York City, wants to create a will to leave her property in Puerto Rico to her daughter. She is also interested in assigning a power of attorney to her daughter. Could you please advise on how she can proceed with both the will and setting up the power of attorney?
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answered on Mar 5, 2025
An estate planning attorney can assist your mother.
My mom leased a vehicle in only her name. She passed away and has no estate. We contacted the credit union who gave us the run around for over a month about turning the vehicle in. Now they want over $8000 in charges for sending it to auction and not getting the amount they wanted. Are we liable if... View More
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answered on Jan 5, 2025
No. If you are not on the lease agreement, you have no liability. If your mother left no assets, the credit union will be unable to recover their losses.
My Dad recently passed and has a will but his only assets left upon his death are a life estate deed on his house with his three children's name on it and a joint checking account with one of his children as the joint owner. Less than $50,000 is in the joint account. Does his will need to go... View More
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answered on Dec 11, 2024
Joint accounts pass outside probate as long as at least one account holder is alive. Life estates expire upon death. If all he had was a life estate and a joint bank account with a living co-owner, there are no assets to probate.
for over a year fidelity has been holding my mothers money, she had a stroke named me as power of attorney snd they refuse it and now she has no access to her money and is sick and cannot pay her bills or get her medications etc because. they blocked her account she has been there for 40 Years and... View More
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answered on Oct 27, 2024
What is the reason they do not wish to honor the power of attorney? Was it drafted by an attorney on the New York Short Form? If it is a valid POA, they can be compelled to honor it. Otherwise, you would need to apply for guardianship of your mother.
My stepbrother is to get 50 percent of the money, Here’s the issue:
My stepdad owed taxes on property that was sold in 2017. My attorney told me that since the house was bequeathed to me, that I am responsible for the taxes, unless the other executor agrees to help pay.
He said... View More
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answered on Apr 5, 2024
When someone leaves a Will, the Executor must follow the instructions contained within. Normally debts are paid from the estate before distributions are made. I am confused about your statement that the house was sold in 2017 and property taxes are still due.
My Dad passed away in 2021. When my Dad got sick, my stepmom completely cut communication as my Dad was completely reliant on her. I reached out to attempt to keep the communication going but she blocked me on phones, Facebook, and email as far as I can tell. I found out on Facebook my Dad died.... View More
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answered on Jan 13, 2024
If the photos were not specifically left to you by your father in a Will or Trust, the surviving spouse will have primary rights to household effects like family photos.
My mom just bought a condo for $420,000. She has a ESA dog (letter to verify) but the condo sent her a letter saying in order for the dog to live there she needs to take out a $1,000,000 liability homeowners policy if she wants the dog to be allowed. Is this legal? She already have a regular... View More
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answered on Aug 24, 2023
It is not legal to require additional insurance in exchange for providing a reasonable accommodation to a person with a disability.
My brother said he will use his own lawyer and my siblings and I will use the same lawyer . Can two separate party’s sue for the same reason. My brother said he wants to sue by himself without his siblings. So we decided to get our own lawyer.
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answered on Aug 17, 2023
Any action must be brought on behalf of your mother’s estate. Someone must petition the Surrogate’s Court to be appointed Administrator or, if there is a Will, Executor. If she was married at the time of her death, her spouse has first priority to petition. If not, all natural born or adopted... View More
Grandparent set up UTMA accts for both of my children which are valued close to million each. Grandparent is estranged from grandkids and refuses to use money in acct for schooling. Children cant even get financial aid (FAFSA) as value in UTMA accts would be held against them. Is there any legal... View More
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answered on Jul 21, 2023
The ability of a custodian to make withdrawals from a UTMA account before the child reaches the age of majority is limited. Generally, unless there is some demonstration that a child's parent is unable to pay for their education, it is improper for a custodian to withdraw funds. However,... View More
An American Lawyer contacted me to say that they found out I have an unclaimed heritage (I'm Italian) by a aunt that died almost 20 years ago. They didn't gave me too much details but they made the last name of my grandmother. They told me the state of new york holds the money of the... View More
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answered on Jul 14, 2023
Go to the following website. Search for the relative and follow the procedures to file a claim. You will need documentation showing your relationship to the decedent. You may need to hire a genealogist.
https://www.osc.state.ny.us/unclaimed-funds
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