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![Benjamin Z. Katz Benjamin Z. Katz](http://justatic.com/profile-images/1226591-1573510567-sl.jpg)
answered on Sep 8, 2020
Yes. But the Revocable living trust should provide for a lifetime asset protection trust to protect it from his wife, creditors and others.
Person died in north carolina and resided there 2 years
Property and residence in new york 80 years
![Benjamin Z. Katz Benjamin Z. Katz](http://justatic.com/profile-images/1226591-1573510567-sl.jpg)
answered on Sep 5, 2020
You must first petition the court in North Carolina. Once you are given the power to administer the estate there, you would apply for ancillary letters to be given the power to sell or transfer property in New York. If most of the property is in New York, you should speak to a New York attorney... View More
We all live in different states and another country. We are being sent papers to review and sign. What are these papers. This person we are told is our uncle. Lawyer found my father to notify but he has passed now lawyer wants us to sign papers but did not explain what they were for. Just told us... View More
![Benjamin Z. Katz Benjamin Z. Katz](http://justatic.com/profile-images/1226591-1573510567-sl.jpg)
answered on Aug 30, 2020
Without seeing the paperwork, no one can properly advise you. Normally, when someone files a petition to be granted power to administer an estate, they ask potential distributees to consent to their appointment.
I licensed him under my name and I’m trying to find somewhere to microchip him under my name as well. My mom has paid all his vet bills because I didn’t have a way to but I have a job now and a way to pay for his medical needs when it comes to that time. I just want to know if there’s... View More
![Benjamin Z. Katz Benjamin Z. Katz](http://justatic.com/profile-images/1226591-1573510567-sl.jpg)
answered on Aug 17, 2020
Dogs are supposed to be licensed in New York State. That can be used as further proof of ownership. You will only need to prove ownership if the issue is litigated.
I owned a 25-pound poodle so there was no shed, no damage to the building, only slight barking from people passing in the building. There was never a problem with the dog before but now that he's passed and I took the time to grieve about it for a few weeks. I'd like a new poodle no... View More
![Benjamin Z. Katz Benjamin Z. Katz](http://justatic.com/profile-images/1226591-1573510567-sl.jpg)
answered on Aug 15, 2020
Does the building have a no pets policy? Is it in your lease agreement? If it is not contained in written form they can’t just say no.
The dogs were there since this Feb. Daughter in a family shelter. My grnd-dautr was taking 1 dog to start college Mon.
![Benjamin Z. Katz Benjamin Z. Katz](http://justatic.com/profile-images/1226591-1573510567-sl.jpg)
answered on Aug 15, 2020
If your daughter is the legal owner, she can call the police to make a report. The police may or may not be helpful. If they are not, she may have to bring an action in court to recover them.
I recently purchased a dog with my money and my name on the microchip but my friend fill out the paperwork while I stepped away for a moment, without realizing that she put her name on the paperwork.
![Benjamin Z. Katz Benjamin Z. Katz](http://justatic.com/profile-images/1226591-1573510567-sl.jpg)
answered on Aug 15, 2020
I’m not sure what paperwork you referring to. If she is listed as the purchaser on the bill of sale then she will be able to claim ownership. If you’re concerned, you can sign an agreement with her establishing you as the owner.
Is that legal? It’s like they’re harassing us. The dog is very mellow and wouldn’t hurt a fly.
![Benjamin Z. Katz Benjamin Z. Katz](http://justatic.com/profile-images/1226591-1573510567-sl.jpg)
answered on Aug 10, 2020
Is the company refusing to renew your homeowners policy? If so, you may have recourse.
note stating they can't take care of the home expenses and was giving the house to me fast forward to 2018 my mom passed away in January and in February a deed transfer was made taking my mom off the deed and adding myself along with my dad to the deed in April another deed transfer was made... View More
![Benjamin Z. Katz Benjamin Z. Katz](http://justatic.com/profile-images/1226591-1573510567-sl.jpg)
answered on Aug 10, 2020
It sound like everything was done properly by you and your parents. I’m curious what they are arguing. If it is the capacity of your father to execute a deed, they will need to prove that. If you haven’t retained an attorney, you should.
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
![Benjamin Z. Katz Benjamin Z. Katz](http://justatic.com/profile-images/1226591-1573510567-sl.jpg)
answered on Aug 8, 2020
If the signature was not notarized or properly witnessed, the trust may be invalid. However, there are provisions in the law that may be used to correct deficiencies or allow for decanting into a new trust. You should have the trust agreement reviewed by an Estate Planning Attorney.
How do we protect their house? Do we put the house under my moms name only? Thank you.
![Benjamin Z. Katz Benjamin Z. Katz](http://justatic.com/profile-images/1226591-1573510567-sl.jpg)
answered on Aug 8, 2020
Now that you have applied for Medicaid your options are limited. You should speak with a Medicaid Planning attorney as soon as possible.
I was Married 05/20/2000
My Husband didn't divorce
His first wife until 2008. This was 8 years after we are together. He left me in February 2007. My Marriage is not valid, and I need it nullified.
He had a stroke last year, and I went back to assist him, because no... View More
![Benjamin Z. Katz Benjamin Z. Katz](http://justatic.com/profile-images/1226591-1573510567-sl.jpg)
answered on Aug 7, 2020
As long as you have all the documentation to support that he was still married when you entered into the marriage contract, you will be able to get it annulled. You must start an action in court and should have an attorney assist you. Matrimonial/Divorce attorneys and Estate Planning attorneys,... View More
The two beneficiaries were coerced into signing their wills by the executor. If they did not sign the wills, the executor threatened to not allow a locksmith into the testator’s home to open their father’s safe.
![Benjamin Z. Katz Benjamin Z. Katz](http://justatic.com/profile-images/1226591-1573510567-sl.jpg)
answered on Aug 5, 2020
Your question is a little off. The Will is signed only by the person making the Will (Testator).
When the Testator dies the named Executor petitions the Court for the power to carry out the provisions of the Will. If the spouse and heirs don’t agree that the Will is valid and don’t... View More
Should the beneficiary follow the instruction of this probate attorney if what he says is not in writing?
![Benjamin Z. Katz Benjamin Z. Katz](http://justatic.com/profile-images/1226591-1573510567-sl.jpg)
answered on Aug 4, 2020
Your question is not clear. If you are a beneficiary and you don’t trust the attorney handling the probate you can retain an attorney to advise you. I’m not sure what you are asking about the judge.
Can I contest that will as I have several other wills spanning 27 years that do not have my sister or her children in it.
Can I ask the court to appoint an Independent Executor as my sister abused her POA role before my mother died?
The Substitute Executors are not interested in the... View More
![Benjamin Z. Katz Benjamin Z. Katz](http://justatic.com/profile-images/1226591-1573510567-sl.jpg)
answered on Aug 4, 2020
You can object to your sister’s appointment and to the validity of the Will. However, I would encourage you to retain an attorney to advise and assist you.
Dad has been dead many years. 3 kids, mom still living. Only asset is one house in NYC. How much does mom get if we sell home after intestate is completed by the court?
![Benjamin Z. Katz Benjamin Z. Katz](http://justatic.com/profile-images/1226591-1573510567-sl.jpg)
answered on Aug 2, 2020
The laws of the state where Dad was last a resident will apply. If he was a resident of New York and died without a Will, assets are split 50% to surviving spouse and the other 50% to surviving children.
She didn't ask if the dog could stay nothing. Just came home to her dog and everything else she owned gone. She's been over since and never says a word about the dog. I pay for food medicine everything for 9 months. She came over and while I was busy with the kids she took the dog. Now I... View More
![Benjamin Z. Katz Benjamin Z. Katz](http://justatic.com/profile-images/1226591-1573510567-sl.jpg)
answered on Aug 1, 2020
You would have to sue her for ownership rights to be recognized. You can claim she abandoned the dog. However, unless she said or did anything that clearly expressed her wish to abandon, it will be an uphill battle. If you want to recover what you spent, you can sue her to be reimbursed for the... View More
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
![Benjamin Z. Katz Benjamin Z. Katz](http://justatic.com/profile-images/1226591-1573510567-sl.jpg)
answered on Jul 25, 2020
Yes. However, the law is scheduled to change shortly. Right now there is no look back period for Medicaid involving assisted living. After October 1, 2020 there will be a look back period. The transfer needs to be done quickly and properly.
![Benjamin Z. Katz Benjamin Z. Katz](http://justatic.com/profile-images/1226591-1573510567-sl.jpg)
answered on Jul 21, 2020
If the hobby breeder sells 10 or more dogs or cats a year they are subject to the pet lemon law.
We were asked to prove paternity. Our daughter is 27 yrs old we lived together 29 yrs hes on certificate.
![Benjamin Z. Katz Benjamin Z. Katz](http://justatic.com/profile-images/1226591-1573510567-sl.jpg)
answered on Jul 21, 2020
If he is listed as her father on the birth certificate there should be no need for a paternity test. Who is asking?
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