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3 Answers | Asked in Estate Planning and Probate for New York on
Q: Grandfather died on October 6. My mother who is one of 4 Children of his died October 15.

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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1 Answer | Asked in Estate Planning for New York on
Q: Does a will in New York need to be notarized
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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

2 Answers | Asked in Probate, Estate Planning and Civil Litigation for New York on
Q: can a will/or unofficial will be contested by a non family member ?

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

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4 Answers | Asked in Estate Planning, Family Law, Health Care Law and Elder Law for New York on
Q: I’m looking for a legal method that would give me the proper authority to manage my parent's care? Is a healthcare proxy

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

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1 Answer | Asked in Animal / Dog Law for New York on
Q: Our son is 28. He moved out. He is the legal owner of our family dog. But now will not allow us to even see the dog.

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

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Is it too late?

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

1 Answer | Asked in Animal / Dog Law for New York on
Q: I left my cat with a friend and she got pulled over and the cat was confiscated because she had an open container

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

1 Answer | Asked in Estate Planning for New York on
Q: Is there a need to probate a will if only two assets remain; life estate deed on house & joint bank account.

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.

4 Answers | Asked in Banking, Elder Law, Estate Planning and Securities Law for New York on
Q: Is there anyone NOT afraid to sue FIDELITY INVESTMENTS for elder abuse and breach of contract/ fiduciary duty?

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.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: My stepbrother and I are Executors of our parents estate. I am to get the house which is paid for & 25% of money.

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.

1 Answer | Asked in Estate Planning, Family Law and Probate for New York on
Q: Do I have any rights to my childhood photos that my stepmom has?

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.

1 Answer | Asked in Animal / Dog Law for New York on
Q: Is Condo Management company allowed to require a $1,000,000 homeowners insurance policy for an Emotional support animal?

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.

3 Answers | Asked in Nursing Home Abuse, Wrongful Death and Elder Law for New York on
Q: My mother died due to negligence of a nursing home. What lawyer do I call.

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

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1 Answer | Asked in Education Law, Estate Planning and Family Law for New York on
Q: Can a lawyer help to remove a custodian on UTMA acct for not allowing use of funds for school?

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

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for New York on
Q: Are unclaimed heritage something thrustfull?

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

2 Answers | Asked in Estate Planning, Tax Law and Wrongful Death for New York on
Q: Can a wrongful death award arriving into sister's estate be divided in 3 (mother and 2 sisters)?

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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2 Answers | Asked in Estate Planning, Elder Law and Probate for New York on
Q: Lawyer has been informed by Medical Examiner of death, yet refuses to release Will - can he do this?

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

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2 Answers | Asked in Appeals / Appellate Law, Estate Planning and Elder Law for New York on
Q: Are you aware of any cases that lost a Motion to Reargue - but was able to perfect an appeal?

in NY

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answered on Mar 9, 2023

If you wish to challenge a decision or order, you may move to reargue and also appeal. Moving to reargue does not preclude an appeal.

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1 Answer | Asked in Estate Planning for New York on
Q: In New York state does the executor of an estate also need a Power of Attorney?
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answered on Feb 24, 2023

No. A Power of Attorney is only effective during the lifetime of the person signing (the principal). Once that person dies, it is no longer in effect. Upon being appointed, an Executor has full power to collect the decedent's assets and administer the estate.

1 Answer | Asked in Real Estate Law, Probate, Estate Planning and Landlord - Tenant for New York on
Q: Do my brother and I have any rights to Dad's house since he had no will?

Our parents owned our family house in Lynbrook, NY since 1962. My mother died in 1974. Dad married Clare soon after and in 1996 added C to the deed. He passed away in 2004. C removed his name from the deed. I have copies of the deed and subsequent alterations. Neither our father nor mother had a... View More

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answered on Feb 16, 2023

If Clare was added to Deed as a joint tenant, she was entitled to 100% when your dad passed away. If she is listed as a tenant in common with your dad, you may be entitled to something.

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