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they have a will that states if one dies, the other spouse received the whole estate, substantial amount of money
if the husband dies first, the wife gets everything...
my question is: can the 2 adult children sue for part or all of the estate, if so, do they have a case?
answered on Aug 19, 2017
This is a classic case when will will do. Ore harm than good. This couple needs a trust to avoid exactly this situation.
When the will goes through Probate anyone challenge it especially potential beneficiaries not to mention creditors which can be numerous. And if one was getting Medicaid... View More 
answered on Aug 19, 2017
Generally yes, what are the assets of the estate? It will be distributed pursuant to intestate succession laws of the State of NY.
You should file for administration proceedings. But get a legal consultation first so you know what to expect.
Sincerely,
Inna Fershteyn... View More
executor. What rights does the executor have over the house?
answered on Aug 18, 2017
You are causing terms of Executor and Beneficiary. Executor is the one who distributes the assets to beneficiaries he has no right to the assets.
You may want to contact attorney before proceeding with probate.
Sincerely,
Inna Fershteyn
Law Office of Inna Fershteyn... View More
I start to probate my father estate now I found my will which 17 years I discover my mother willcan i also put in mother will for probate.
answered on Aug 17, 2017
You need to start with probate of a person who died last.
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
It would be in case she would need healthcare on a facility. Can she split the rest of money between her four daughter's?
answered on Aug 12, 2017
Wow it's a tough one! Your mom is 95 it's amazing may she live to be 120!
As for the house- best thing is to wait for the house to pass to you after her death because of Step Up basis. I would actually put a house into Irrevocable trust and leave your mom a life estate.... View More
answered on Aug 7, 2017
Why do you need one lawyer Ronnie located in both places? Mainly lawyers use other lawyer to do ancillary probates in other states.
Sincerely,
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Ave, Suite 400
Brooklyn, NY 11235... View More
This is in MS
answered on Aug 3, 2017
It depends if this transfer can be deemed as"fraudulent conveyance". Usually anything done to avoid paying creditors especially less than 6 months before would be questioned.
Sincerely,
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.
1517... View More
answered on Aug 3, 2017
You should be fine- there is a principal of reciprocity for every state, they will adhere to the law of another state. However if you have a lot of assets and real estate involved I would avoid will altogether and do a Revocable Living Trust instead.
Sincerely,
Inna Fershteyn... View More
I'm buying a multi-family home with my 2 brothers and sister. All of us are going to sign the deed ,so how will the ownership work out if I die or I divorce my wift in the time we have the property? Will a "will" help to resolve any ownership issues on my part?
answered on Aug 3, 2017
This is not a family law question it's an estate planning question. You need to set up a trust and buy the house into the trust. Trust will address all the issues you mentioned. Will unfortunately is not a good way to do it because will has to go through Probate- 8-12 month process that... View More
I have used ancestry.com, a service called find-person.germany contacted the consualte and sent facebook messages to a few people who might be the younger/next of kin. germany has very strict data privacy laws and there are language barrier issues. i need to prove to new york they cannot be located
answered on Aug 3, 2017
New York rules are very strict, the judge may go with an affidavit from you stating everything you did. Try talking to the clerks they are helpful in this regard.
I would suggest getting an attorney to deal with this, we have a similar issue right now in Kings County Surrogate court... View More
My mother died while i was vacationing . I have one sibling, no father. My brother was notified before me. He paid for her funeral , changed the locks on her house and shut off utilities. When i found out she had died it was three weeks later. He isn't speaking to me. He had his lawyer send me... View More
answered on Aug 3, 2017
I wouldn't just blame your attorney for giving you an advice. I don't see anything wrong with you filing to be an administrator. You didn't want your brother to administer an estate in the first place as he changed the locks to your mother's house without telling you. It... View More
All 5 of them stopped talking to me.i signed paperwork and am listed on inheritance
answered on Jul 30, 2017
First of all I am really sorry about your loss. Second any attorney needs to know if there is a will or not (if there is a will it governs if not it goes by intestate succession law of NY and the process is called Administration, not probate).
I would need to know what you signed- a waiver... View More
Will not let us see will. How do I get the name of laywer? Now 2 with name on house are saying it's theirs, and we have no claim because it is is their names. What do I need to do? We have allowed them to live there rent free 5yrs.using other $ left to pay taxes. Put that way so homeowners... View More
answered on Jul 22, 2017
Your question is a bit confusing- if mom passed who doesn't let you see the will? Other siblings?
I would need to see feeds to all 4 houses first to see how it was recorded. If the name of sibling was there and there was a right of survivorship the sibling gets the house outside of... View More
Wife preceded him in death, a son died post death, never married and no children. Estate has unclaimed funds (mutual funds worth 18,000.00dollars)NYS. Lived in westchester county, NY, died at Oyster Bay, NY while under sons care. Where and what needs to be filed to claim funds.There is no will.
answered on Jul 15, 2017
It does h intestate succession. Decscendants need to hire Estate lawyer and file for administration in the county where he died.
www.BrooklynTrustandWill.com
Died or is the child the poa from that point on?
answered on Jul 7, 2017
Unfortunately yes right away. POA is not valid after death. I strongly suggest you see estate planning lawyer right away because it's already a red flag and more problems will follow.
Inna Fershteyn
www.BrooklynTrustandWill.com
718-333-2394
should sign over her home to me, the executor of her living trust and also having a POA for financial matters. Thereby, reducing her assets in preparation for her eventual move to assisted living. Doesn't sound legal to me!
answered on Jul 1, 2017
I totally agree with previous answer. I would advise to set up Irrevocable trust with a life estate for your mother. I don't know what California look-back for nursing home transfers is but the faster she sets up the trust the less issues she would have in the future. Her capacity is also... View More
That is 10 years ago. He was told by his lawyer that he would need to have a letter from his doctor stating that he is of sound mind. I understand the reasoning, so that no one takes advantage of him, however, he is insulted that his lawyer would require him to have a doctor determine if he is... View More
answered on Jun 30, 2017
Only if the lawyer thinks your father is or of his mind. I have elderly clients who are sharper than young ones. Get a new lawyer
Sincerely,
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Ave, Suite 400
Brooklyn, NY 11235... View More
Mom currently doesn't have a will because of the Alzheimer's my dad only has a will but everything's supposed to go to my mom after in the will after my dad passes who has a lot more physically sick very badly under hospice
answered on Jun 22, 2017
You need Estate planning advice- your parents may need a trust not a will instead as Trust avoids probate altogether.
Depending on what your parents assets are different Estate planning options are available. Contact qualified Estate planning lawyer.
www.BrooklynTrustandWill.com
Her son has power of attorney she grandmother is 86 owns her home and is in good health in her right mind son put her in nursing home and is trying to sell grandmothers house grandmother needs help to revoke power of attorney but don't know what to do please help
answered on Jun 21, 2017
First the POA doesn't really give the son the right to put someone in the nursing home- it's more of a financial document. If mom is in the right mind she can say NO. It's healthcare proxy that allows one to make health care decisions.
Second grandma can hire an attorney who... View More
I want to make sure they are covered and no one will take their property or advantage of them. How to ensure that properly and legally
answered on Jun 20, 2017
What you need is Medicaid Planning- Irrevocable Trust, Pooled Income Trust and Medicaid application done.
If your mother needs community Medicaid there is no look back provision in NY and we or any Medicaid planning attorney can do it working 2-3 months.
Sincerely,
Inna... View More
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