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New York Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for New York on
Q: I would like information on helping my elderly parents plan their wills.
Jason D. Jones
Jason D. Jones
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

0 Answers | Asked in Estate Planning and Family Law for New York on
Q: Is there a way to formally confirm an adult guardian’s appointment if no guardianship is filed in court?

My father's lawyer claims that either she is the guardian over my father or represents the guardian of my father. We don't believe either of these are true.

0 Answers | Asked in Estate Planning and Family Law for New York on
Q: How can a false guardianship claim for an adult impact estate planning, and what steps protect everyone involved?

My father's lawyer claims that either she is the guardian over my father or represents the guardian of my father. We don't believe either of these are true.

0 Answers | Asked in Estate Planning and Family Law for New York on
Q: How can I report an attorney who falsely claims to represent an adult guardian?

My father's lawyer claims that either she is the guardian over my father or represents the guardian of my father. We don't believe either of these are true.

0 Answers | Asked in Estate Planning and Family Law for New York on
Q: What can I do if I think an attorney is falsely claiming to represent an adult guardian without any court documentation?

My father's lawyer claims that either she is the guardian over my father or represents the guardian of my father. We don't believe either of these are true.

0 Answers | Asked in Estate Planning and Family Law for New York on
Q: How can I check with the court if an adult guardianship has been legally established without any public records?

My father's lawyer claims that either she is the guardian over my father or represents the guardian of my father. We don't believe either of these are true.

0 Answers | Asked in Family Law and Estate Planning for New York on
Q: What happens legally if an attorney falsely claims to represent an adult guardian without any court records or evidence?

My father's lawyer claims that either she is the guardian over my father or represents the guardian of my father. We don't believe either of these are true.

0 Answers | Asked in Estate Planning and Family Law for New York on
Q: What proof must an attorney provide to claim representing an adult guardian without a court-filed guardianship?

My father's lawyer claims that either she is the guardian over my father or represents the guardian of my father. We don't believe either of these are true.

2 Answers | Asked in Estate Planning and Tax Law for New York on
Q: A parent has a trust with 2 beneficiaries. Give a house to one kid now and give half the value to the other.

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

Nina Whitehurst
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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...
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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: MY SISTER INLAW DIED 2019 LIVED IN PUERTO RICO. DUE TO POOR HEALTH WE CAN'T TRAVEL TO PR-NEED A PROBATE LAWYER TO HELP

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

Bonnie Lawston
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Bonnie Lawston
answered on Aug 30, 2024

Please email us the details and information at bonnielawstonesq@gmail.com.

631-425-7299

1 Answer | Asked in Estate Planning for New York on
Q: Do the two signatures on a will have to be verified?

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

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for New York on
Q: Hello how do i find out the status of an Heir property ?

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

'

Jack Mevorach
Jack Mevorach
answered on Aug 18, 2024

Contact the Executor of the estate and inquire.

Jack

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2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for New York on
Q: Hi ,I bought a home with my daughter and would like to add my husband name on the deed.

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...

Howard E. Knispel
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Howard E. Knispel
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.

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1 Answer | Asked in Estate Planning, Tax Law, Elder Law and Public Benefits for New York on
Q: Can grantor of irrevocable income only grantor trust pay taxes on trust income under their own SS#?

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?

James L. Arrasmith
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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

1 Answer | Asked in Estate Planning for New York on
Q: Need help getting a title for a motorcycle that was registered in the 1970 but can’t be found in any system

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

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: Hi ,I bought a home with my daughter and would like to add my husband name on the deed.

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...

Daniel Michael Luisi
Daniel Michael Luisi
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

1 Answer | Asked in Estate Planning for New York on
Q: Hello, I have an existing will and I would like to make some minor changes to it in the form of changing bequests, etc.

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.

Jack Mevorach
Jack Mevorach
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

1 Answer | Asked in Estate Planning, Family Law, Foreclosure and Real Estate Law for New York on
Q: Is there a way to take over my mother's mortgage after she passes so the bank doesn't take it?

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.

Jack Mevorach
Jack Mevorach
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

1 Answer | Asked in Estate Planning for New York on
Q: Does a will in New York need to be notarized
Benjamin Z. Katz
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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

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