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Questions Answered by Inna Fershteyn

2 Answers | Asked in Probate for New York on

Q: I found old will dated 2001 but a newer will was filed into probate in 2016 What do I do?

In 2001 my brother, who had recently divorced, gave me a copy of his Will in which he appointed me Executor. In 2002, brother remarries and remains married up until his death in 2016. A will dated June 2016 was filed into probate by his 3rd wife, and I received a copy of it. Last week in... Read more »

Inna Fershteyn answered on May 19, 2018

None. New will governs, old will is pretty irrelevant unless his other heirs want to contest the estate.

www.brooklyntrustandwill.com

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for New York on

Q: Living trust - Grantor signed deed over, but died before it was filed with county...

My main purpose for switching from a will to a living trust is solely to make sure a RE property I own goes to who I want simply, privately, and to avoid probate for various reasons.

If all of the living trust paperwork is signed as well as the deed transfer to the trust, is signed;... Read more »

Inna Fershteyn answered on Mar 30, 2018

Yes, it’s valid upon signing even if it’s not recorded yet. Call my office 718-333-2394

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1 Answer | Asked in Probate for New York on

Q: Father passed away. Left no will. Im only surviving relative and have lived with him last 11years.

Bank says i need to hire estate attorney to buy his house. Is this necessary since im only living relative?

Inna Fershteyn answered on Feb 19, 2018

Not Buy Back but you have to file for administration and be appointed as Administrator and later distribute the house to yourself.

If you are confused feel free to call

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400...
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2 Answers | Asked in Estate Planning for New York on

Q: How to use estate monies

My son died and I am in the process of selling his home. Can I withdraw money that I have paid for electric and heat (oil) from the estate fund before the estate is finalized? I had to keep both of these going as the home is in upstate New York with the cold weather. I have received a contract... Read more »

Inna Fershteyn answered on Feb 12, 2018

First, I am very sorry about your son. Second, its more complicated than what you are doing if your son has minor children. You have to first file to have Guardians of Minor and Guardians of property appointed for his children.

Your ex-husband's claim is without merit, if he gave money it...
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1 Answer | Asked in Estate Planning and Elder Law for New York on

Q: I thought a judge needs to sign off on selling personal property under a guardianship. Items also are part of a legacy.

Inquiry pertains to a PING. The items to be sold are to be left to family members in the will.

Inna Fershteyn answered on Feb 11, 2018

I think you already asked this question in different way. What type of guardianship is this? Of a minor or property?

I am not sure I understand what “part of a legacy” is

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517...
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1 Answer | Asked in Elder Law for New York on

Q: relative has a guardian who is selling his real property in NY.Can the guardian sell his personal property w/o approval

I thought court approval for personal property was required

Inna Fershteyn answered on Feb 11, 2018

If he is a guardian of person and Property than the answer is yes.

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400

Brooklyn, NY 11235

tel: 718-333-2394

fax: 718-701-8859...
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1 Answer | Asked in Probate for New York on

Q: If someone dies without a will and their father files for executor of estate through probate court will the court make

The family members buy everything from the estate

Inna Fershteyn answered on Feb 11, 2018

You are seriously confused about the process. You need to get consultation with probate attorney.

This is not how the process works and it’s impossible to answer it in several lines.

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C....
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1 Answer | Asked in Elder Law for New York on

Q: mom needs long term care only get $607 SSI owns half of a house with husband who has lived apart 27 yrs. Taxes will not

taxes on home won't be paid if the home is sold will mom be taken care of by Medicaid? or should we just let the rehab nursing home put a lien on home.House is paid just property tax just my sister is their for now has nowhere to go

Inna Fershteyn answered on Jan 22, 2018

How much is this house worth? WE can put it in Irrevocable trust and save it.

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400

Brooklyn, NY 1123

tel: 718-333-2394

fax: 718-701-8859...
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2 Answers | Asked in Probate for New York on

Q: If there are bank accounts in one person’s name, are they still to be added to the estate?

My brother, the executor of my Mom’s estate, says that all bank accounts are to be added together, then divided equally. The bank said I have 3 accounts in my name and they are mine. What is the truth here?

Inna Fershteyn answered on Jan 22, 2018

Anything that's in your name belongs to you. Not part of the estate.

https://brooklyntrustandwill.com/elder-law/

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2 Answers | Asked in Business Law for New York on

Q: I have a question about a Business Acquisition I'm making tomorrow in regards to liens and/or debt against the business.

I'm buying an online e-commerce business I just want to know what type of Agreement can I have written up that would prevent me from being held liable for repayment on any of the liens and/or debts that are against the business. Basically I want to ensure I'm protected from those type of things for... Read more »

Inna Fershteyn answered on Jan 19, 2018

Can’t agree more with Michael. Hire an attorney and run a lien search. Surely if you were buying a house you would run a search against judgments. Here you are buying a business and can be sued for its debts.

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and...
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1 Answer | Asked in Business Formation, Business Law and Mergers & Acquisitions for New York on

Q: I developed an APP, Website for a client with shares. Client refuses to cooperate to original contract, need legal doc.

My Corporation signed agreement with client to pay fraction of actual cost for an app, website, etc...by providing Corporation 15% partnership. Client failed to fulfill the obligation in many ways, and offered to buy me out. I need a letter that does the following:

1) After payment is... Read more »

Inna Fershteyn answered on Jan 18, 2018

I don’t see a question here it seems that you need to hire an attorney to represent you, am I correct?

Feel free to call

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400

Brooklyn, NY 11235...
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2 Answers | Asked in Estate Planning for New York on

Q: My grandfather signed over property to my cousins 3 years ago. He passed in Nov. Do they have to give it back?

My mother is the executor. My cousins are not named in the will. The will says his assets are to be split evenly between his 2 daughters and my mother.

Inna Fershteyn answered on Jan 18, 2018

Was the deed changed? If it was it was a gift. Pretty impossible to reverse it.

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400

Brooklyn, NY 11235

tel: 718-333-2394

fax: 718-701-8859...
Read more »

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2 Answers | Asked in Probate for New York on

Q: my brother is executor of my fathers very small estate. Its been in probate for 3 years, is this normal?

He had one lawyer to start with then the lawyer got fed up with him and dropped him? then he was able to use his portion of his inheritance to purchase my fathers house at closing my mother received her 50 percent and both of us were suppose to get ours. He was able to use his part of the... Read more »

Inna Fershteyn answered on Jan 18, 2018

3 years for probate even in Kings county doesn’t sound right.

You should have someone review the court file.

718-333-2394

https://brooklyntrustandwill.com/elder-law/

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2 Answers | Asked in Estate Planning for New York on

Q: A will says the estate will be divided 3 equal ways. There is a checking account in 1 person's name.

Is that account that person's, or is it included to be divided 3 ways?

Inna Fershteyn answered on Jan 11, 2018

Yes it’s unclear who does account belong to? Is there a beneficiary listed on the account?

www.BrooklynTrustandWill.com

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2 Answers | Asked in Estate Planning for New York on

Q: Could you give me a ballpark figure for, or formula for estimating, the cost of probating an estate in New York?

Assume that the estate is fairly simple, comprised of home, auto, furnishings, and mutual fund investments. I'm asking because I recently heard the figure 3% of the estate probated. This seems high beyond some minimum threshold. My perspective is that 3% of 300k is $9k; but 3% of $1m is 30k, of $2m... Read more »

Inna Fershteyn answered on Jan 7, 2018

Did you take into account legal fee, appraisal fees and other costs?

The best advise I can give you when it comes into an estate in NY- put everything into a trust and avoid probate at all costs. Kings county probate department is BRUTAL. It takes forever, almost impossible to do it...
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1 Answer | Asked in Estate Planning for New York on

Q: Who are eligible to collect an inheritance ira?

There is no spouse, but two biological children and one child that was never adopted. Do proceeds of the IRA go to only biological children if no beneficiaries were listed for the funds or do all children regardless of adoption status lay claim?

Inna Fershteyn answered on Jan 4, 2018

I would think adoption status matters here. Unless the child is legally adapted he/she would not be able to claim.

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400

Brooklyn, NY 1123

tel:...
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1 Answer | Asked in Elder Law for New York on

Q: Need to know what my 86yr old mom Medicaid/medicate rights to be placed in a medical assisted facility, she has no asse

She has no assets other than $800 social security check monthly.

Inna Fershteyn answered on Jan 3, 2018

She should be eligible for nursing home Medicaid. Do you have a medical POA for mom to make that decision for her?

Inna Fershteyn

Www.BrooklynTrustandWill.com

718-333-2394

2 Answers | Asked in Estate Planning for New York on

Q: My grandfather died today and his trust leaves the occupancy rights of his home to me. Is it up to me who enters now?

Inna Fershteyn answered on Dec 16, 2017

Sounds right. Do you have a life estate?

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400

Brooklyn, NY 11235

tel: 718-333-2394

fax: 718-701-8859

www.BrooklynTrustandWill.com

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2 Answers | Asked in Probate for New York on

Q: The will is in probate ! Our brother has not been in touch with us for at least 48 years. Our parents are both deceased

Her estate is in probate . We were told that we Have to have a address for our brother. We do not know where he is !we don't know If he dead or alive .We do not have the means to find him.everything that our parents had is frozen !we haven't heard from him at least 48 years.Our parents don't have... Read more »

Inna Fershteyn answered on Dec 16, 2017

Unfortunately the probate rules are very strict on “service of process”. If you are doing probate by yourself without a lawyer go down to Probate Department’s clerk and ask him about Alternative Service Order.

I suggest you get consultation with Estate Attorney on entire process so...
Read more »

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2 Answers | Asked in Probate for New York on

Q: My dad just passed. My sister and I are willed equal amounts in his will incl 60k equity . Do we need to go Probate

Inna Fershteyn answered on Dec 14, 2017

Any will has to go through Probate.

Unfortunately it’s the only way to handle it.

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400

Brooklyn, NY 11235

tel: 718-333-2394

fax:...
Read more »

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