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He is the only one who has had access to it.
He has 3 other children who are full siblings to my mother. This is in Brooklyn NY, NYC.
Uncle says life insurance payout is on hold because they need my mother's death certificate.
Uncles not forthcoming with information and seem to be trying to get death certificate without me knowing.
answered on Oct 30, 2024
Listed as beneficiary where? For grandfather, if no will, estate passes by intestacy. Did you Mother have a will?
Jack
for over a year fidelity has been holding my mothers money, she had a stroke named me as power of attorney snd they refuse it and now she has no access to her money and is sick and cannot pay her bills or get her medications etc because. they blocked her account she has been there for 40 Years and... View More 
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answered on Oct 27, 2024
What is the reason they do not wish to honor the power of attorney? Was it drafted by an attorney on the New York Short Form? If it is a valid POA, they can be compelled to honor it. Otherwise, you would need to apply for guardianship of your mother.
Far as I know he had no will. Life insurance policy had no beneficiary and bank accounts totaling 90,000 plus are currently frozen. Is my mother legally owed any of the money. Also there's another policy that has not been claimed. What happens if my mother is named a beneficiary?
We... View More
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answered on Oct 27, 2024
When there is no beneficiary named, the account will be paid to the decedent’s estate. If there is no Will, someone must apply to the Surrogate’s Court for Letters of Administration. The priority of who may apply is 1) Spouse, 2) Children, 3) Parents, 4) Siblings. The grating of Letters of... View More
Background: House located in NYC/Kings County
Characters: Mother (deceased), father, self, brother, half-brother
Backstory: House purchased in 1974, In fathers name only. he is breadwinner, mother is homemaker. Mortgage paid off 1987. In 1988, father add mothers name to deed. in... View More
answered on Oct 13, 2024
The father likely inherits as the surviving spouse but the language in the deed will govern it.
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answered on Oct 12, 2024
If no estate was opened, your wife did not receive Letters Testamentary and therefore cannot act on behalf on behalf of the estate, which includes signing a deed.
Your wife, assuming she is the named Executrix in the Will must submit the Will for probate in order to receive Letters... View More
My dads ex girlfriend forged his will I have a lawyer, she used the website Eforms, she said he signed it 2021, the website says the NYS will was updated in May of 2024 but the company will not tell me what they exactly updated. I was thinking maybe it used to be that the witnesses could sign it... View More
answered on Oct 1, 2024
There's no way of knowing. Are you planning to contest the Will?
Jack
answered on Sep 5, 2024
Please arrange for your parents to have a one hour consultation with my office either in person, phone or video conference. The fee is $350 and must be paid in advance of the consultation and you may remit payment via the link below. Once you have done so, please call my office to schedule a time... View More
A parent has a trust with 2 beneficiaries. We would like to move a house into a separate trust with only one beneficiary. So the house is being given to one child but the other should get half of the 2024 value somehow
Not sure the best way to do this so the other child gets half the 2024... View More
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answered on Aug 30, 2024
Giving the house to one beneficiary now could have many unintended negative consequences such as loss of step up in basis at the death of the gift giver and a hefty Medicaid penalty period assessed against the gift giver on account of the lifetime uncompensated transfer.
This is not the... View More
WE NEED A LAWYER TO GET INTO SAFTY DEPOSIT BOX TO SEE IF DEED TO PROPERTY IS THERE AND RETRIEVE MONEY AND JEWELRYAND SELL HOUSE-WE HAD THE WILL REGESTERED/CERTIFIED IN PR COURT-COVID CLOSED THE COURTS AND WE HAD TO LEAVE BEFORE AIRPORTS CLOSED-WE CAN NO LONGER TRAVEL WANT TO SELL THE HOUSE... View More
answered on Aug 30, 2024
Please email us the details and information at bonnielawstonesq@gmail.com.
631-425-7299
My husband died recently and named me Executrix of his Last Will and Testament. The will was made in 1974 in New York and signed by my husband, our attorney and an employee. I am told that the signatures need to be verified. Our attorney is deceased and there is no one to verify his signature.... View More
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answered on Aug 22, 2024
I'm sorry for your loss. In New York, for a will to be valid, it must be executed in compliance with New York Estates, Powers & Trusts Law (EPTL) § 3-2.1. This includes being signed by the testator (your husband) in the presence of at least two witnesses who also sign the will. If the... View More
There are 2 properties where as the original owners have passed away. There is a daughter produced by the deceased couple. The father left a will. i need to find out the status of the estate
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when I was buying my husband credit wasn't good,so I use my daughter's name and credit but it was my money used. I'm sick and would like to protect my husband just in case...
answered on Sep 8, 2024
You need a transfer deed adding your husband to the deed. Contact an attorney to prepare one. There are recording fees that will have to be paid to the county.
The attorney who set up the irrevocable income only grantor trust said the grantor could file taxes on trust income using their own SS#, but now a different attorney says if the trust doesn't obtain its own tax ID, the grantor may be deemed ineligible for Medicaid. Which is accurate?
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answered on Aug 10, 2024
When dealing with an irrevocable income-only grantor trust, it's important to understand how the income is reported and how it might impact Medicaid eligibility. If the trust is set up as a grantor trust, the income can be reported under the grantor's Social Security number, meaning the... View More
Hello really weird question that no one has been able to figure out, but my girlfriend’s dad passed away and she is an only child who inherited everything and she is trying to give his motorcycle to her uncle/ his brother. There is no title for it and it’s showing that it’s not registered in... View More
answered on Jul 30, 2024
You're right; that is a tough one. The estate planning attorneys here would know best, but your question remains open for a week. In terms of registration, there probably wouldn't be any records that come up if the motorcycle was last registered in 1970, over fifty years ago. If there is... View More
when I was buying my husband credit wasn't good,so I use my daughter's name and credit but it was my money used. I'm sick and would like to protect my husband just in case...
answered on Jul 23, 2024
You will need to schedule a "mini-closing" where you (or your daughter) will need to deed the property from herself, to herself and your husband, as joint tenants (a technical legal term of ownership). Which particular form of ownership would work best requires a detailed review of your... View More
Can I make these changes myself, or must I meet with a lawyer and pay a significant fee to make these changes? Also, I am a single person in NYC with no family in this country…can I appoint a lawyer to be my executor and take care of all details if something should happen to me? Thank you.
answered on Jul 16, 2024
This is not something to do on your own.
You could execute a Codicil or a new Will. An Executor could be named in either.
Also consider Living Will, Health Care Proxy and Power of Attorney.
Jack
Cayuga county NY is the location, I'm an only child so I'm sole heir. I think my mom might have 2 mortgages on the house but I want to find a way to get the house when my mother eventually passes instead of the bank immediately repossessing it.
answered on Jul 10, 2024
Your mother's estate will be responsible for the mortgage or, if title passes to you, you may be able to work something out with the bank.
Jack
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answered on Jun 3, 2024
No. In New York, to be valid, the Will must be signed by the person making it in the presence of at least two disinterested witnesses. There is no requirement that the Maker's (Testator) signature be notarized. However, it is advisable that the two witnesses sign an affidavit at the time... View More
answered on May 24, 2024
It's a matter of "legal capacity." If your father has legal capacity regarding the payment of legal fees, why is a Guardianship needed at all?
Jack
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