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I was named as the recipient of a house in a will. The house was insured by the deceased, and it burned down. Afterward, the insurance company issued a payout by check, which is held by the executor's lawyer. The dispute is between my family, who were named in the will as recipients of the... View More 
In the case of a revocable trust, if the original trustee has died and there was no initial agreement or mention about adding a second trustee, is it possible for a lawyer to add another trustee retroactively on the same date as the previous trustee was added, according to the county clerk's... View More
I live with my mom and her husband in a residential property that my mom has verbally declared belongs to me should anything happen to her. However, I am concerned about her husband possibly evicting me and renting out the house for his own benefit, especially if he considers placing her in a... View More
answered on Apr 23, 2025
Your mother could give you a lease. Your mother could put her ownership rights in the house in a Trust. She could do so by a Will. Her husband may not have a legal right to inherit if he is not a co-owner on the deed, but if she does nothing, he may very well inherit by intestate law. The verbal... View More
In a movie scenario, a mother leaves a will that maintains her children's shares in a family-owned cosmetics company but transfers her remaining shares and the CEO title to her daughter-in-law. This will also allows the daughter-in-law to select the new head of marketing, a role previously... View More
I am filing a gift tax return for my client who is transferring 50% ownership of a second home into an irrevocable trust. The ownership presents restrictions, and I believe a discount for valuation is appropriate. How should I apply this discount, and how do I explain it on the tax return?
I own my own home and want to leave it to my fiancé. We both live in the home, and there are no other beneficiaries. I am considering setting up a trust to ensure he can inherit the property without incurring significant costs, such as estate taxes or any other charges. The property is free of any... View More
answered on Apr 16, 2025
Yes. Absolutely. I do them all the time! garyleelane1@gmail.com. Love to help you two.
I am a potential beneficiary in a contested will where the executors (also beneficiaries and caregivers of the deceased) have issued me a Waiver of Process: Consent to Probate. I have not reviewed the will with an attorney. I am concerned about the will's completeness, as it refers to a list... View More
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answered on Apr 12, 2025
You're absolutely right to be cautious here. A Waiver of Process: Consent to Probate is a legal document that, once signed, gives up your right to formally challenge the will or receive notice of further probate proceedings. If you have doubts about the deceased's mental state, missing... View More
I am seeking to change my power of attorney from my husband, whom I am divorcing, to my daughter, who oversees my healthcare. I have been diagnosed with Bipolar disorder, and my daughter has been instrumental in managing my medications, which has helped me avoid hospitalization. My daughter... View More
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answered on Apr 2, 2025
I understand how important it is to have someone you trust managing your affairs, especially during a divorce and while addressing health needs. In New York, changing your power of attorney (POA) is a relatively straightforward process, even if you are in the middle of a divorce. As long as you are... View More
I am currently in the middle of divorce proceedings with my husband, who seems to be mentally incompetent. He was in a nursing home or rehab during our last court appearance 10 days ago and appears to be under heavy medication, possibly in Hospice. I am seeking medical information about his mental... View More
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answered on Apr 2, 2025
I understand that navigating a divorce while also dealing with your husband’s declining health and concerns about his mental capacity can be incredibly stressful. It’s even more difficult when significant financial assets have been spent and you’re unsure of your legal options moving forward.... View More
I want to transfer my house into my already established Revocable Trust. Since the lawyer who created my trust has retired, I'm wondering if I can complete the process without hiring a new attorney. If it is necessary to hire a lawyer, what should I expect in terms of costs?
answered on Mar 31, 2025
Real simple. Just prepare a transfer deed putting it into the name of the trust and record that, after you have just listed the address and property into the existing trust document under assets protected, and notarize that change. Or I can prepare the paperwork for you for $100. I recommend saving... View More
I have two separate properties under the same revocable trust, and currently, one of the properties has an EIN. Can I use the same EIN for both properties within the trust? What would the tax benefits of this be, and are separate EINs necessary for each property?
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answered on Apr 1, 2025
Properties do not have EINs. If the Trust is a revocable trust, you may use your SSN or my apply for, and receive, a separate EIN. When transferring properties to or from a Trust, the Trust must be identified by either a SSN or EIN on transfer documents. So, to answer your question, you must use... View More
My former wife, who recently passed away, wished to leave some money to a young lady she believed might be her granddaughter. The young lady is 21 years old, and my former wife wanted to confirm this relationship through a DNA test if the young lady is willing. No legal process has been started,... View More
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answered on Mar 16, 2025
I understand that you want to honor your former wife’s wishes and ensure that this young woman has the opportunity to confirm her potential relationship with her. Since there are no legal proceedings underway and your former wife did not leave a formal estate or legal documents outlining her... 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
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 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. My husband and I plan to create a will and trust, intending to leave the house to the surviving spouse or to our son if we both... View More
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answered on Mar 6, 2025
If your father-in-law is on the deed, he has an ownership interest. If your husband and father are the only two owners and are listed on the deed as joint tenants, when one dies, the other gets 100% ownership. If they are not listed as joint tenants, each owns 50%. In that case, your husband may... View More
My mother, who lives in New York City, wants to create a will to leave her property in Puerto Rico to her daughter. She is also interested in assigning a power of attorney to her daughter. Could you please advise on how she can proceed with both the will and setting up the power of attorney?
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answered on Mar 5, 2025
An estate planning attorney can assist your mother.
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 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
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 just got a provision of law 28-105.1 complaint requesting for corrective action. Due to alter my house without a permit. Can I ignore this request? Like I’m living it the house and I own the house would there be any future issues? The change was enclosing my front porch with walls for another... View More
answered on Feb 26, 2025
Eventually, DOB will issue another violation for failure to comply and enter a default money judgment because you ignored the summons and did not restore the porch to its original condition, obtain a permit, or amend the certificate of occupancy.... View More
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