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New York Estate Planning Questions & Answers
0 Answers | Asked in Estate Planning for New York on
Q: How is a disclaimer trust utilized?

Is a disclaimer trust used instead of a credit shelter trust but is created at the death of the first to die spouse in order to shelter his/her assets or is it used with a credit shelter trust in order to specify that you only want up to the exemption limit put inside of the credit shelter trust.... Read more »

1 Answer | Asked in Estate Planning and Probate for New York on
Q: What if anything , can happen if one is compelled to produce a will that they do not possess, in the state of New York?
Michael David Siegel
Michael David Siegel
answered on Nov 9, 2022

You cannot produce something you do not have. You would need to respond to the petition with an appropriate response.

1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: My husband and I just got a copy of our house deed. We live in Buffalo New York area. Our deed states “tenants in common

With rights of survivorship.” We we’re not married when we bought the house but have since married. Should we change the deed to “husband and wife joint tenants with right of survivorship “ to avoid probate in the future. If one of us dies and the other wants to sell the house Or leave the... Read more »

Jason D. Jones
Jason D. Jones
answered on Nov 4, 2022

You must transfer the deed from tenants in common to joint tenants with rights of survivorship or tenants by the entirety to avoid probate. Feel free to contact me with me if you have further questions.

1 Answer | Asked in Estate Planning for New York on
Q: Should I sign a receipt and release form before receiving my inheritance?
Nina Whitehurst
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Nina Whitehurst
answered on Nov 2, 2022

You will receive your inheritance a lot faster if you do and the estate will incur less expense if you do, which translates into more inheritance for you. If you have no reason to suspect wrongdoing on the part of the executor, then I would normally say yes. But if you suspect wrongdoing, then... Read more »

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Are LLC membership interests in New York have to go through probate when the member dies?

In New York, can you have Transfer On Death Beneficiary designation in the LLC Operating Agreement to avoid Probate of LLC membership interest?

Please note that the LLC holds Real Estate and I understand that real estate Cannot be transferred on Death in New York and New York only allows... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 28, 2022

Absolutely the operating agreement can provide for transfer on death to a specific person, which would avoid probate of that interest.

1 Answer | Asked in Estate Planning for New York on
Q: My daughter is in hospice care and her estranged husband took over the keys to her house and she wants to get in

to get belongings. I have POA but the police won't make him give the keys back. What should I do?

Michael David Siegel
Michael David Siegel
answered on Oct 27, 2022

Call a locksmith and break in. It is her house.

1 Answer | Asked in Probate and Estate Planning for New York on
Q: Can I file a complaint to a NY agency as a third party against an executor for the mishandling of an estate settlement?

The decedent passed in 2010 with a single townhouse as an asset. The executor (50% bene.) spent only four months trying to sell it and later rented in until 2018 when it was sold for $205K. The beneficiary (50% bene.) turned 21 in July 2022 and has just been informed (3 months later) that his... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 19, 2022

Short answer is no. Without an accounting proceeding how do you know there was wrongdoing? The expense of the accounting is borne by the estate off the top, not your son's half. And, if there was wrongdoing, the executor can be surcharged a penalty for the wrongdoing. Asking for an... Read more »

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Under what circumstances can one be compelled to produce a will in court in New York?

If a named executor is filing for probate ,can a named beneficiary compel production of the will

Michael David Siegel
Michael David Siegel
answered on Oct 5, 2022

Yes. There is a petition to do just that. Not a form per se, but a form.

1 Answer | Asked in Estate Planning for New York on
Q: need help with trust issue

i have been taking care of my mother which has dementia here at her house for last year,up until my sister put her in a home in florida 3 months ago..i have been getting emails stating that i need to vacate property within 3 months,and if i dont they will deduct $4000 month from my inheritance once... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Oct 3, 2022

This is not a Family Law question. Repost in the estates forum.

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Should I sign a “receipt, release and waiver” prior to receiving the funds? (NYS)

I got a letter asking me to sign and have notarized a “Receipt, Release and Waiver” saying I received distribution from my mom’s estate. If I’m reading the legalese correctly, it also releases the executor from any liability. The letter instructs me to send this to the lawyer’s office to... Read more »

Michael David Siegel
Michael David Siegel
answered on Sep 26, 2022

It is standard. When you return it, say it is in escrow pending transmittal of the funds.

1 Answer | Asked in Estate Planning for New York on
Q: My mother passed away 8 years ago. No contact with then spouse. How do I get probate admin status for executorship

We have no clue as to where the former spouse is. I'm whom she attempted to leave as executor.

Michael David Siegel
Michael David Siegel
answered on Sep 20, 2022

There are ways to find anyone. You are going to have to find them, or a last known address.

1 Answer | Asked in Estate Planning and Family Law for New York on
Q: My aunt passed away and set her will to pass with per stirpes rules.

One of her brothers predeceased her and since he was listed, his portion went to his son, my cousin.

My mother died after my aunt but before the estate was distributed.

The lawyer reached out to me 9 months ago to say that my sister and I would split mom's share. But calls... Read more »

Jack Mevorach
Jack Mevorach
answered on Sep 20, 2022

Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Estate Planning and Elder Law for New York on
Q: My financial advisor (CFP) contacted my brother (no power) to advise him I'd made a change to my POA. Did he break a law

My brother is a friend of the CFP but has no legal authority for my estate - living trust. The CFP is in Georgia. I think he breached client confindentiality at the very least and likely violated a code of ethics. What recourse do I have? Is there a Board where I can lodge a complaint? Thank... Read more »

Michael David Siegel
Michael David Siegel
answered on Sep 19, 2022

I see nothing "illegal", but it is weird.

1 Answer | Asked in Estate Planning and Foreclosure for New York on
Q: Need help with getting my name added to a deed

I am the administrator of my father's estate. My stepmother who is predeceased my dad took out a mortgage in her name only several years before she died. My dad never had the mortgage changed to his name neither did he add it to any paperwork he just paid it when it was due. Since his death... Read more »

Michael David Siegel
Michael David Siegel
answered on Sep 9, 2022

You are getting bad information. If you are administrator, you are entitled to information. If a foreclosure has not started you have time. However, you will have to reinstate the mortgage by paying all arrears to avoid foreclosure. The bank will not take partial payment. Hire a lawyer to deal... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for New York on
Q: How do i get my name added to a deed. In Orange County NY

I am the administrator of my father's estate. My stepmother who predeceased him took out a mortgage in her name only. I cannot get any information on the loan until i get my name added to the deed. What is the quickest way for me to get this done. This information is needed urgently.

Tim Akpinar
Tim Akpinar
answered on Sep 21, 2022

You may be better off reposting under the "Real Estate" category. I'm sorry your question remains open for two weeks, given the urgency of the matter. It was probably overlooked under the "Government Contracts" heading. Some questions do go unanswered on this forum, but you... Read more »

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Grandparents pass uncle is executor $ goe to my uncle aunt my brother&I Unclaimed prop. is out uncle w not claim can I?
Tim Akpinar
Tim Akpinar
answered on Oct 1, 2022

Your question may have gone unnoticed in the Family Law category. The nature of what you describe is closer to Probate and Estate Planning than Family Law. Although there's no guarantee that all questions are picked up, you might have better chances of a response under the Probate and Estate... Read more »

1 Answer | Asked in Estate Planning for New York on
Q: Who is responsible for the upkeep of a house, between the death of the owner and the time probate starts.
Michael David Siegel
Michael David Siegel
answered on Aug 31, 2022

In New York, the estate, but costs can be assessed against the beneficiary if there is a specific bequest.

2 Answers | Asked in Estate Planning and Probate for New York on
Q: My father died 7months before my mom and he wrote a will that he hand wrote and had it notarized and stamped.

My mom just passed 4 weeks ago. My father didn't sign the will even though he clearly wrote it. Is it a binding document and since my mom is gone also are my father's wishes valid. My mom left no final wishes in writing

Howard E. Knispel
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Howard E. Knispel
answered on Aug 27, 2022

First, this is not a Family Law question. It is a wills and estates question. Having said that, a will is not notarized. It is witnessed by at least 2 witnesses and the witnesses' affidavit is notarized. Also wills are not supposed to be handwritten except in rare circumstances. So the... Read more »

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1 Answer | Asked in Estate Planning for New York on
Q: If I put my home into an irrevocable trust is it advantageous to make myself the trustee, or someone else (child)?

I own my home in my name.

Michael David Siegel
Michael David Siegel
answered on Aug 18, 2022

It depends what you want to achieve. A primary residence should go into a QPRT for tax purposes, and you need a disinterested trustee.

1 Answer | Asked in Probate and Estate Planning for New York on
Q: Do distributions have to be made to all beneficiaries at the same time?

I was just told by my deceased mothers financial advisor that distribution from her accounts have to be made to all beneficiaries at the same time. We are talking about an IRA and a Brokerage account both of which have designated beneficiaries named.

Darlene  Pasieczny
Darlene Pasieczny
answered on Sep 1, 2022

This may be true. Generally speaking, brokerage firms and custodians of retirement accounts have contractual terms in the account agreement regarding the timing of distributions to named beneficiaries after the death of an account holder. Additionally, depending on state and federal law, and the... Read more »

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