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I live on Staten Island, NY, and my husband purchased our house before we married. His father's name is also on the deed because he helped with the down payment. We plan to create a will and trust to leave the house to the surviving spouse or our son if we both pass. My name is not on the... View More 
answered on Mar 9, 2025
Based on your description, a Will and a Trust are insufficient to ensure that the house goes to you (or your son) in the event that your husband dies.
Why? Because you described the house as being half owned by your Father in Law, and half owned by your husband. Your husband's will... View More
I have a question regarding the validity of a will in New York. There is a clause stating that "any power of appointment hereunder must be exercised by the creator's will, living trust, or other written instrument which, within ninety (90) days of the creator's death, must be either... View More
answered on Mar 9, 2025
Your question involves a power of appointment clause, which can impact the validity and distribution of assets under a will. In New York probate law, this type of provision can be strictly interpreted, so if the power of appointment was not exercised or submitted for probate within 90 days, the... View More
My father died by suicide a year ago, and the trust managing his home sold it, intending to divide the proceeds equally between me and my two siblings. Initially, I was told that my father left a note indicating his wish for me to have his truck—the place of his passing—and divide personal... View More
answered on Mar 3, 2025
I’m very sorry for your loss. It’s understandable that you want to ensure your father’s wishes are honored, and it sounds like there are serious issues with how your siblings are handling the trust and estate distribution. Since you already signed off on them being co-administrators, you... View More
I am concerned about Medicaid and asset protection regarding my grandmother's house. My grandmother is sickly and requires more care than I can provide. Her daughter wants to apply for Medicaid and get her on the assisted living waiting list. My grandmother's only major asset is her... View More
answered on Feb 19, 2025
I completely understand your concern—Medicaid rules can be tricky, and it’s important to plan ahead so you don’t run into issues later. Since your grandmother owns the house and may go on Medicaid for assisted living, there is a real possibility that Medicaid could place a lien on the home to... View More
I want to petition for legal guardianship (Article 81) over my incapacitated mother in NYC, who has Alzheimer's. I am unsure which identity documents I need to present to the court. Will I need to get a copy of my birth certificate to show my relationship to her, or will her American passport... View More
answered on Feb 19, 2025
Filing for Article 81 Guardianship in New York is an important step in ensuring your mother receives proper care and protection. Every Article 81 is different and the process can be very confusing. Here's our analysis:
Documents You May Need for an Article 81 Guardianship Petition:... View More
Will we also benefit from the single $250,000 capital gains exemption. His trust was a grantor , Medicaid asset protection trust and considered part of his estate at death. He lived in the house for 45 years and died in it as well. He maintained some control of the trust with limited power of... View More
answered on Feb 19, 2025
The good news is that since the house was held in a Medicaid Asset Protection Trust (MAPT) that was a grantor trust for income tax purposes and included in your father’s estate for estate tax purposes, it should qualify for a step-up in basis upon his death. This means that the basis of the house... View More
For 15 years took care of her till she passed. My sister's wanted to sell the house. We applied for & were approved for a mortgage. They wanted more than we were approved for & didn't accept it. We stayed in the house, looking for a new place is very challenging. They placed an... View More
answered on Feb 19, 2025
I’m very sorry to hear about your situation—it sounds incredibly difficult. Based on what you’ve described, there could be a few legal considerations regarding liability for your belongings.
Ownership & Access Rights
Since you are still a 1/4 owner of the property under... View More
I have been raising a child since birth who is not biologically mine and is now 7 years old. The father has never been involved, and I have the child on weekends with the mother's agreement. There are no formal legal arrangements currently. I believe the mother's house is not safe for the... View More
answered on Mar 3, 2025
It’s great that you’ve been a consistent and caring presence in this child’s life. Since you are not the biological or legal parent, gaining legal rights in New York can be challenging, but it may be possible, depending on the circumstances.
What Legal Options Could You Have?... View More
I am the executor of my late father's estate, residing in his house, which is the primary asset included in his will. The house needs roof repair, plumbing work, and indoor construction. I have sustained a serious injury and have not been kept informed about the completion of the estate's... View More
answered on Feb 24, 2025
Managing estate-related repairs during probate without paying out-of-pocket can be challenging, but there could be options available to cover these costs. Since the house is the estate’s primary asset and is still going through probate, here’s what you may be able to do:
1. Use Estate... View More
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