Ask a Question

Get free answers to your Estate Planning legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New York Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Family Law for New York on
Q: Can my Father pay my Retainer Fees to Represent me in a Guardianship for him? Or is this a Conflict of Interest?
Jack Mevorach
Jack Mevorach
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

1 Answer | Asked in Estate Planning and Family Law for New York on
Q: Can my Father pay my Retainer Fees to Represent me in a Guardianship for him?
Jack Mevorach
Jack Mevorach
answered on May 24, 2024

Why is a guardian needed at all.

Jack

1 Answer | Asked in Consumer Law, Contracts and Estate Planning for New York on
Q: I have my trust drafted. What are the next steps? Record it at the court house? What does the bank need for and account?

What notice if any should be given

Inna Fershteyn
Inna Fershteyn
answered on May 1, 2024

Who draftees your trust? Was the property transferred to the trust? How was it funded? Your lawyer should walk you step by step through the next steps it’s really strange that you are asking these questions if you have a lawyer and if you don’t how did you fund the trust? As without funding... View More

1 Answer | Asked in Estate Planning for New York on
Q: I am a Senior Citizen looking to get help to set up a Power of Attorney, Trust, and Medical Proxy.Can you help me?
Tim Akpinar
Tim Akpinar
answered on Apr 30, 2024

There are attorneys who can set up the things you list in your post. But it might be difficult for attorneys here to respond with offers of their services - the format here is limited to Q & A. You're going to need to reach out to attorneys. You could search attorneys on your own, you use... View More

2 Answers | Asked in Estate Planning and Family Law for New York on
Q: Are wills -- download forms printed from online legal?

We live in New York State

My husband (55) and I (62) would like to make a will, don't have time for a lawyer (leaving town).

Can we download a will from online (i.e.Rural Law Ctr NY provides template)

- print out

- have 2 unrelated people witness

- notarize

Thank you,

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 11, 2024

A will must be prepared and executed in an exact way. The witnesses have to know what they are witnessing. When I do a will signing it is a formal ceremony and I ask certain questions of the testator and witnesses. If you do it properly then it should be ok. If you make any mistakes the entire... View More

View More Answers

2 Answers | Asked in Real Estate Law and Estate Planning for New York on
Q: My late father did not include me in his life estate. My mom is the life tenant and my brother is the remainderman.

My brother recently passed away, now it's just me and my mom. Is there any way for me to be added to the life estate?

Carl Nelson
Carl Nelson
answered on Apr 8, 2024

You may share in whatever interest your mother has if she conveys it (all or a share) to you, but she cannot convey more than she has; so her life tenancy would not extend beyond her lifetime. Upon her death your brother’s heirs or those named in his will if he had one (whether that includes you... View More

View More Answers

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: My stepbrother and I are Executors of our parents estate. I am to get the house which is paid for & 25% of money.

My stepbrother is to get 50 percent of the money, Here’s the issue:

My stepdad owed taxes on property that was sold in 2017. My attorney told me that since the house was bequeathed to me, that I am responsible for the taxes, unless the other executor agrees to help pay.

He said... View More

Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2024

When someone leaves a Will, the Executor must follow the instructions contained within. Normally debts are paid from the estate before distributions are made. I am confused about your statement that the house was sold in 2017 and property taxes are still due.

3 Answers | Asked in Family Law, Probate and Estate Planning for New York on
Q: How can I find out if my deceased brother has any open bank accounts like savings or certificates of deposit?

I am my brother’s only living heir.

Bonnie Lawston
PREMIUM
Bonnie Lawston
answered on Apr 2, 2024

The best way is to run a social security search. However, if you were appointed as the fiduciary of his Estate you could contact the IRS and obtain a transcript to see what has been reported in the past, contact the local banks and other financial institutions and review all his records, bank... View More

View More Answers

1 Answer | Asked in Estate Planning for New York on
Q: If I set up a Totten trust with the executor of my estate as the beneficiary of my various financial accounts can she,

upon my death use all the various funds to pay my heirs without her paying gift taxes. Thank you for your time and attention.

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2024

You are better off not naming any beneficiaries for any of your accounts and allow the executor of your will, after court appointment, to collect them and distribute them according to the provisions of your will. The problem with your proposed strategy is the person you meant to be your executor... View More

2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: My dad’s name was taken off the deed years ago. Is he still entitled to inherit if my Mom died years later w out a will

She asked him to take his name off the deed which she did in 1994. She passed in 2019. He was always responsible for the mortgage payments. This is in NY

Elaine Shay
PREMIUM
Elaine Shay
answered on Mar 22, 2024

A surviving spouse is entitled to inherit. The information provided by the NYS Unified Court System at this link should be helpful to you: https://www.nycourts.gov/courthelp/whensomeonedies/intestacy.shtml

View More Answers

1 Answer | Asked in Estate Planning, Federal Crimes and Probate for New York on
Q: My inheritance was stolen from me My step father and my sister Forged My mother's will and lied how can I get it back

I was in jail at the time plus I am my mother's 1st son and favorite yet I didn't sign anything or agree to nothing they just took everything

I need help

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2024

I'm so sorry to hear about your situation. Dealing with a manipulated will and the loss of an inheritance is incredibly painful, especially while also grieving the loss of your mother. Here are some steps you could consider taking to try to rectify the situation and get back what is rightfully... View More

1 Answer | Asked in Divorce and Estate Planning for New York on
Q: New York-post nuptial agreement. has date and signature of spouses. Not notarized. Is it invalid

Spouse died. Her will excludes the husband. Does he still have right of election to 1/3 of the estate? Is notary of post nup signatures a hard and fast requirement?

Michael David Siegel
Michael David Siegel
answered on Mar 6, 2024

Like a pre-nup, a post-nup must be acknowledged (which is a notary, but a certain format), and comply with other requirements. Thus, if this one is not notarized, it fails.

2 Answers | Asked in Probate, Estate Planning and Civil Litigation for New York on
Q: can a will/or unofficial will be contested by a non family member ?

can an court appointed admin of an estate pick and choose what to honor in a will/or unofficial will

Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2024

An Executor appointed by the Court is a fiduciary of the estate. They are required to follow the directives set forth in the Will which has been validated by the Court. There is no such thing as an unofficial Will. A Will may be contested by non-family members. However, they must demonstrate... View More

View More Answers

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for New York on
Q: Mother died 20 yrs ago no will all children but 1 deceased but the in hospice. Condo board brought Public Administrator

In to take over granted 6 months. Can a family member get power of attorney to get condo back in Surrogate court for the child so nephews don't get evicted.

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 4, 2024

Without a will, all the children living when their mother passed away became the heirs of the real property. Any one of the adult children had the power to become the legal administrator of their mother's estate and transfer the deed from the decedent's estate to each sibling, as well as... View More

1 Answer | Asked in Estate Planning for New York on
Q: In New York you need two witnesses for a notarized last will and testament. Can the Notary also serve as a witness ?
Michael David Siegel
Michael David Siegel
answered on Feb 24, 2024

No. The notary is actually notarizing the witnesses, so it would be notarizing yourself.

1 Answer | Asked in Estate Planning and Probate for New York on
Q: What is a citation in a will? Its going to distributees. Will the distributee receive money? or is it just notifying?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 15, 2024

In New York estate planning and probate, a citation in the context of a will is a legal notice issued by the court. This notice is sent to distributees (potential heirs and other interested parties) to inform them of the probate proceedings and to give them an opportunity to appear in court if they... View More

4 Answers | Asked in Estate Planning, Family Law, Health Care Law and Elder Law for New York on
Q: I’m looking for a legal method that would give me the proper authority to manage my parent's care? Is a healthcare proxy

Is a healthcare proxy sufficient or do I need more?

Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024

A Health Care Proxy would allow you to make health care decisions if your parents were unable to do so themselves. However, managing their care, paying expenses, and completing paperwork would require a Power of Attorney to be signed by your parents naming you as their agent. In both cases, your... View More

View More Answers

2 Answers | Asked in Estate Planning and Probate for New York on
Q: Am I legally required to administer my mother's estate if she died owing money?

My father passed away in March of 2023 with $200k in the bank, his name only, no will. My mother passed away 5 months later with no money but several debts. I am currently administering my father's estate, but one of my mother's creditors insists that I am legally required to administer... View More

Elaine Shay
PREMIUM
Elaine Shay
answered on Jan 16, 2024

If a decedent predeceased his spouse without a will, the spouse was a beneficiary of the decedent's estate and the spouse's share of any inheritance must pass through to that spouse.

View More Answers

1 Answer | Asked in Estate Planning and Probate for New York on
Q: my mother passed away recently with a vehicle getting repaired at a dealership can i go pick up the car without paying?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2024

I'm sorry for your loss. I hope you are coping with that psychologically.

As for picking up your late mother's vehicle from the dealership, here are a few key things to consider:

- The repair bill is likely still due and must be paid. The dealership provided a service and...
View More

1 Answer | Asked in Estate Planning, Family Law and Probate for New York on
Q: Do I have any rights to my childhood photos that my stepmom has?

My Dad passed away in 2021. When my Dad got sick, my stepmom completely cut communication as my Dad was completely reliant on her. I reached out to attempt to keep the communication going but she blocked me on phones, Facebook, and email as far as I can tell. I found out on Facebook my Dad died.... View More

Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2024

If the photos were not specifically left to you by your father in a Will or Trust, the surviving spouse will have primary rights to household effects like family photos.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.