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It was in the closing paperwork. My attorney told me to look it up online. He hasn't been any help. The paperwork never even stated how much I was supposed to get.
answered on Dec 15, 2024
Life insurance is not typvally distributed by a will. It has named beneficiaries. If you are not named as a beneficiary in the insurance policy, you are not receiving anything from it directly.
My Dad recently passed and has a will but his only assets left upon his death are a life estate deed on his house with his three children's name on it and a joint checking account with one of his children as the joint owner. Less than $50,000 is in the joint account. Does his will need to go... View More 
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answered on Dec 11, 2024
Joint accounts pass outside probate as long as at least one account holder is alive. Life estates expire upon death. If all he had was a life estate and a joint bank account with a living co-owner, there are no assets to probate.
They are trying to set up a trust for me at 80 rather than dispensing my money all at once for revenge for something that I didn’t do. It’s my mother‘s estate, and my sisters would be trustees of my money.
I have a question for you. My wife and I are dealing with a very disturbing issue.We received a letter that indicates we will be charged with Undue Influence which will be supported by a lack of Mental Capacity, and it will come at a time when we are at our weakest. We want to know how we can... View More
What type of attorney do we need to help my wife and I establish a defense against a future challenge of Undue Influence and Lack of Mental Competency to our Will, and or to either of us personally? We will also want a new Will and Powers of Attorney drawn up, and to possibly discuss some other... View More
answered on Dec 5, 2024
Hello there! You would want an attorney who handles Estate Planning, or an attorney who does Trusts & Estates. The attorney could draft and supervise the execution of Wills, POAs, and other estate planning documents. During the Will signing ceremony, the attorney can ask the right questions to... View More
we now have a buyer; he offers a reasonable price; and we are not familiar with Florida real estates matter,
can you do it for us? how is the cost? Buyers is not from a real estate company, so we need to find a lawyer to protects our benefit . please contact me if you agree to help me .... View More
Hello - In upstate New York, my uncle was given a life estate for the house he was living in. He has since moved out, allowed the house to fall into disrepair, and refuses to pay the taxes on the property or homeowners insurance which he was supposed to be doing. Does this invalidate his life... View More
answered on Nov 30, 2024
No. Termination of the Life Estate is left to the Remainderman. No one else has legal standing.
Mom had a stroke a year ago and hasn't gotten better. We are trying to buy a house so that I can take care of her when the time comes... Fidelity has accused me of Elder Abuse and trying to steal her assets etc even tho my mom was the one who told fidelity what her wishes were. They are rude... View More
answered on Nov 25, 2024
I'm sorry you're going through this difficult situation. If you haven't already, ask Fidelity to document their concerns in writing and provide the specific reasons for refusing to honor your POA or give your mother access to her funds. It may be because they believe your mother... View More
Hello. Question. My husband's mother transferred shares of a cooperative apartment to his name. This was done during the marriage, but his mother registered the title to the apartment only in my husband's name. Now my husband has decided to make a will and a trust, but he has indicated... View More
answered on Nov 24, 2024
A gift to your spouse is not marital property even if given during the marriage unless it is comingled or transmuted. However, upon death, there are protections for a current spouse regardless of the will. New York has a "right of election" that allows a spouse to disregard the will and... View More
Wife was POA as named by husband
Wife was Guardian of husband’s person & property
answered on Nov 20, 2024
It depends on the terms of the guardianship order. Typically existing POAs are vacated in the initial order, but not always.
Send me those documents
answered on Nov 19, 2024
Generally, if you are a beneficiary of a trust, and the trustee has failed to provide financial documents, you can petition the court to compel the trustee to provide an accounting.
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.
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answered on Nov 8, 2024
Sorry to hear about your loss. Generally the first beneficiary would be entitled to the proceeds. Since she died after, it is possible that her estate can make the claim. See if she had a Will. If so, that may dictate what happens to the distribution of the benefits and who would be the personal... View More
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
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