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What notice if any should be given
answered on May 1, 2024
Who draftees your trust? Was the property transferred to the trust? How was it funded? Your lawyer should walk you step by step through the next steps it’s really strange that you are asking these questions if you have a lawyer and if you don’t how did you fund the trust? As without funding... View More 
The will was created while I was a minor and never updated. I am an adult now. In the will, personal representatives are named. Only one is still present. In filing documents with the court, I was told that I am unable to receive the paperwork needed because of these representatives being named.... View More
answered on Nov 1, 2023
You will definitely need a lawyer on this one. It's a complex NY Probate matter. What are the assets of the estate? Makes me very sad that people didn't do a Trust instead of a will. Also, you could have filed for ADMINISTRAITON without a will and avoided all the headache alltogether... View More
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... View More
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
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;... View More
answered on Mar 30, 2018
Yes, it’s valid upon signing even if it’s not recorded yet. Call my office 718-333-2394
Bank says i need to hire estate attorney to buy his house. Is this necessary since im only living relative?
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... View More
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... View More
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... View More
Inquiry pertains to a PING. The items to be sold are to be left to family members in the will.
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... View More
I thought court approval for personal property was required
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
www.BrooklynTrustandWill.com
The family members buy everything from the estate
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.... View More
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
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
www.BrooklynTrustandWill.com
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?
answered on Jan 22, 2018
Anything that's in your name belongs to you. Not part of the estate.
https://brooklyntrustandwill.com/elder-law/
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... View More
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... View More
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... View More
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... View More
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.
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
www.BrooklynTrustandWill.com
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... View More
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/
Is that account that person's, or is it included to be divided 3 ways?
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
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,... View More
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... View More
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?
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:... View More
She has no assets other than $800 social security check monthly.
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
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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