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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 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
He says he needs “formal notice” - ME won’t release body without proof I’m executor (ie, the Will) so I cannot get a death cert or anything. I’m stuck as I need the Will to get the death cert, make arrangements, get access to apt., etc.. Can the lawyer be made to release the Will to me??... View More
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answered on Mar 10, 2023
Surrogate Court Procedure Act (SCPA) Sec. 1401 authorizes a proceeding to compel anyone who has custody of the original Will to produce it. If you are a spouse, parent, child, or sibling of the deceased, you are eligible to receive a copy of the death certificate if one has been issued. You would... View More
The deceased was originally from New York. Only assets in the estate are a condo in the Puerto Rico is mentioned in the last will and testament. In which court should a probate be held? In which Surrogates court should a probate be held? Which city? County in New York or in local court Puerto Rico?
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answered on Jan 8, 2023
Estate proceedings are brought in state and county of decedent’s residence. If there is a Will, it is brought as a probate proceeding. If there is no Will, it is an administration proceeding. Once the court appoints a fiduciary for the estate in New York, an additional (ancillary) proceeding can... View More
Are married. One sister dies in NY with no will. What happens to her share of the estate(25%) she had 3 kids and husband when she died. Thank you for your help
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answered on Dec 19, 2022
Sister’s share becomes part of her estate. If she died without a Will, after certain property is exempted, the first $50,000 goes to the spouse and the rest gets split 50% to spouse and 50% to be split evenly by the children.
My friend is a nursing home resident who has been receiving Medicaid to help pay for her care. Her brother passed away and his home health aide (HHA) has filed a purported will in a NY Surrogates Court. Its signing was not supervised by an attorney, no self-proving affidavit was completed, one of... View More
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answered on Dec 11, 2022
Let me understand what you are asking. Your friend's brother passed away leaving, what may possibly be an invalid or fraudulent Will. It was submitted to the court by his health aide who, I assume, was named the Executor. Your friend objected to the aide's appointment. You want to now... View More
Can I get the form from your office?
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answered on Dec 10, 2022
If you want the forms, they are available to the public at:
http://ww2.nycourts.gov/forms/surrogates/smallestate.shtml
You can find a notary fairly easily if you want to do it all yourself. Otherwise, many attorneys who practice in the area of probate and administration can prepare... View More
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answered on Dec 9, 2022
I would need more information to answer this question. Does this letter prescribe an emotional support animal? Is your regular doctor a mental health professional? I assume your residence has a no pets policy. If that is the case, there are limited situations where a landlord may refuse to... View More
My dogs contracted parvovirus no veterinarian in nyc would help me unless i had funds which i dont. i had to surrender the puppies to ACC (Animal control center) they had me sign surrender form and told me that i cant get them back because im surrendering them. which i get but these are my... View More
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answered on Nov 19, 2022
By surrendering them, you have no further legal claim. If they are being re-homed, you can apply to adopt them. However, your inability to provide for their medical needs in the past will likely be taken into account.
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.
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
The estate I represent is winning a wrongful death award. My sister passed in an accident. Can the award be divided by the judge to benefit 3 people, (my mother, other sister and I) ? The interest of this would be that the award would not be taxable for anyone.
Thank you,
Claudia
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answered on Mar 25, 2023
Claudia,
In general, awards for wrongful death are not taxable. However, if a portion is meant to compensate for pain and suffering or lost wages it can be taxable.
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