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New York Estate Planning Questions & Answers
1 Answer | Asked in Banking, Identity Theft, Estate Planning and Family Law for New York on
Q: I need a lawer In chicago

My father dead two year ago.

I am in iran

Tim Akpinar
Tim Akpinar
answered on May 26, 2023

You could repost under Illinois. This is currently posted under New York. But even in reposting, it could be difficult for attorneys here to reach out to you. This format here is basically question and answer. If you're seeking an attorney, you could search online for attorneys in the Chicago... Read more »

1 Answer | Asked in Estate Planning for New York on
Q: My step father died in Puerto Rico. He & my Mom are registered owners of their property. But he left a Will leaving the

property to his 2 daughters. Does the Will negate my mother’s ownership of the property even if she is the property deed?

Anthony M. Avery
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Anthony M. Avery
answered on May 25, 2023

You will want a PR attorney to search that Title and determine ownership. If Mother is a grantee on an enforceable Deed, then the property is probably hers since Testator died without owning something to devise. The Deed must be examined, and that grantee/owner must pay taxes, insurance and... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for New York on
Q: My mother grantee(s) purchased a house, and the grantor(s) provided a Warranty Deed.

The statement: hereby grant and release unto the Grantee(s), their heirs and assigns forever: (then it describes the land) along with

To have and to hold the above granted premises unto the Grantee(s)

Grantee(s) Shall quietly enjoy the said premises and the Grantor(s) will forever... Read more »

Carl Nelson
Carl Nelson
answered on May 25, 2023

That language (without your name listed as a grantee) does not mean that you are an owner of the property during her lifetime; you do not become an heir until she dies without a will. Rather, that language indicates that the property passes to her in all respects even after her death; as opposed... Read more »

2 Answers | Asked in Estate Planning, Family Law, International Law and Probate for New York on
Q: Is a Heir Search required in NYC if we as the stepchildren are named in the will of our stepfather who came from Poland?

My stepfather came from Poland at ten years old with only one brother and parents (all deceased). He was with my mom for forty years and never mentioned Polish relatives as he was here since a child. He named me and my siblings in his will specifically. I am named executor of his estate in NYC. The... Read more »

Bonnie Lawston
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Bonnie Lawston
answered on May 12, 2023

If the decedent has no children or spouse the Court requires an affidavit of Heirship. Sometimes the attorney draftsman will take information directly from the testator now the decedent and he can provide a supporting affidavit. Your attorney should submit an affidavit of Heirship if someone can... Read more »

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1 Answer | Asked in Estate Planning and Elder Law for New York on
Q: Is a POA document valid if the 1st agent and the principal has it completed & notarized but the 2nd agent didn't sign it

Dose the 2nd agent need to sign?

Jack Mevorach
Jack Mevorach
answered on May 3, 2023

Your post raises multiple legal issues. Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Estate Planning and Probate for New York on
Q: My mother passed away in sc no will no estate nothing but a life insurance policy of 25,000. Left to my brother who also

Also passed . There's 6 mores children and 1 more that passed. So 5 living . How do we claim the money

Tim Akpinar
Tim Akpinar
answered on May 9, 2023

This is posted under Insurance, and while it is an insurance matter, attorneys in the Probate and Estate Planning categories might have better insight here. That may be why the question remains open for over a week. Some questions do go unanswered, but you might have better chances of a response in... Read more »

1 Answer | Asked in Estate Planning for New York on
Q: I am wondering the legitimacy of a revocable trust document, that I completed and printed online from LawDepot.com.
Anthony M. Avery
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Anthony M. Avery
answered on Apr 10, 2023

Obviously the trust was not drafted by an attorney. Hire a competent NY attorney to draft the Trust you want. Whatever form you have used should tell him most of what he needs to know, but be sure to express your objectives. You do not want to have something in place that you do not feel... Read more »

2 Answers | Asked in Estate Planning for New York on
Q: My late parents had assets in an irrevocable grantor trust. The beneficiaries are all in agreement, and wish to disolve

My late parents had assets in an irrevocable grantor trust. The beneficiaries are all in agreement, and wish to disolve the trust. How does one go about doing that? the trust holds some funds, a residential house, and a small interest in a commercial property. Thank you.

Gary Lane
Gary Lane
answered on Apr 4, 2023

I would want to see the terms of the trust. Generally, most terms would allow that with all the beneficiary's unanimous agreement, written and signed by them all, and presented to the Probate Court Judge, it would then be dissolved, as if it never existed.

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1 Answer | Asked in Estate Planning for New York on
Q: I am wondering the legitimacy of a revocable trust document, that I completed and printed, from LawDepot.com.

Does A Lawyer have to review it and at what cost?

Gary Lane
Gary Lane
answered on Apr 4, 2023

I would not trust a pre written generic living trust document. You should have it prepared by an experienced expert.

1 Answer | Asked in Estate Planning and Probate for New York on
Q: What entitlements does my mom have?

Hello I live in New York City. My mother and father have been legally married for 30 years. My dad brought the house I live in now way before he married my mom and before me and my siblings were born. My dad recently had a stroke and is in rehab right now. My dad has the deed to the house but my... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 19, 2023

I'm sorry your question remains open for three weeks. This may be something that's closer to the "Probate" and "Estate Planning" categories than it is to Family Law, where the question was originally posted. You could repost under those categories. Some questions do go... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for New York on
Q: What needs to be done when there's a life estate on a property, the life tenant dies & owes $ to a rehab nursing center?

Hello,

My father died in early January of this year. He held a Life Estate on his home and my sister is listed as the remainderman on the deed. We filed the death certificate with the Town of Riverhead.

My father owes a large sum of money to the rehab nursing center he was in when... Read more »

Carl Nelson
Carl Nelson
answered on Mar 28, 2023

It depends whether the nursing center had a judgment against your father before he died. If so, a judgment entered in the same county as the property would form a lien on the property which would survive a change in ownership (such as that occurred upon his death). Since your sister would be the... Read more »

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2 Answers | Asked in Estate Planning, Tax Law and Wrongful Death for New York on
Q: Can a wrongful death award arriving into sister's estate be divided in 3 (mother and 2 sisters)?

The estate I represent is winning a wrongful death award. My sister passed in an accident. Can the award be divided by the judge to benefit 3 people, (my mother, other sister and I) ? The interest of this would be that the award would not be taxable for anyone.

Thank you,

Claudia

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 27, 2023

So sorry for your loss. Under New York's Estates Powers & Trust Law § 4-1.1, if your sister passed away without any children, the entirety of the recovery would go to your mother. Of course, you can certainly petition the court to divide the settlement proceeds equally among yourself,... Read more »

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1 Answer | Asked in Estate Planning and Probate for New York on
Q: No property, father had a will. Passed away in Nassau County but lived in Queens. suing for more than $350 do we need to

Probate the will to move forward? Lawsuit is over $350K

Jack Mevorach
Jack Mevorach
answered on Mar 24, 2023

Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Estate Planning, Personal Injury, Medical Malpractice and Probate for New York on
Q: Help Please, Is it normal for trustee to force me to sign documents such like auto loan, mortgage loan and etc?

I had a medical malpractice settlement money when i was a minor. My mother didn't tell me about my settlement money until i found out by a family member at 30-year-old. From what i understand is that my mother created a trust bank account when i was a minor and she is a trustee of that... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 22, 2023

If you had a medical malpractice lawsuit as a minor, the Court would have had to approve any settlement and would have issued an Infant Compromise Order. The Infant Compromise Order would have directed the settlement proceeds to be deposited in a bank account held jointly by an officer of the bank... Read more »

1 Answer | Asked in Estate Planning for New York on
Q: Can I, as executor of a will, withhold funds from a financially irresponsible beneficiary with a mental disability?

The beneficiary has been bilked by online scammers more than once for upwards of $30,000.

Michael David Siegel
Michael David Siegel
answered on Mar 17, 2023

No. However, if the person is willing to cooperate, they can put the money in a trust that is scammer proof. If they are not cooperative, they are an adult, and you cannot control them over the wishes of the decedent.

1 Answer | Asked in Estate Planning and Probate for New York on
Q: The executors for sister declined. There are 3 remaining sisters who are the beneficiaries. Two have agreed. Ok?

The third has verbally agreed but has not signed letter naming the successor trustee.

Michael David Siegel
Michael David Siegel
answered on Mar 16, 2023

There are forms for all of this. Not an unusual situation. If someone is not willing to sign the form, a citation must be issued upon a petition.

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for New York on
Q: What is the purpose of the 15% retention (Hacienda) & what happens with it? Would I get that back?

You and your siblings must appear for the signing of the sales deed, either in person or by virtue of a power of attorney, to subscribe the sale. For each of you who resides outside Puerto Rico, our Tax Code requires that a 15% retention be made at the point of origin (which would be upon the... Read more »

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 13, 2023

That is a requirement of the tax law in that location. https://www.discoverpuertorico.com/industry/download/588201-discover-puerto-rico-form-480-2017.pdf

2 Answers | Asked in Estate Planning, Elder Law and Probate for New York on
Q: Lawyer has been informed by Medical Examiner of death, yet refuses to release Will - can he do this?

He says he needs “formal notice” - ME won’t release body without proof I’m executor (ie, the Will) so I cannot get a death cert or anything. I’m stuck as I need the Will to get the death cert, make arrangements, get access to apt., etc.. Can the lawyer be made to release the Will to me??... Read more »

Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz
answered on Mar 10, 2023

Surrogate Court Procedure Act (SCPA) Sec. 1401 authorizes a proceeding to compel anyone who has custody of the original Will to produce it. If you are a spouse, parent, child, or sibling of the deceased, you are eligible to receive a copy of the death certificate if one has been issued. You would... Read more »

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2 Answers | Asked in Appeals / Appellate Law, Estate Planning and Elder Law for New York on
Q: Are you aware of any cases that lost a Motion to Reargue - but was able to perfect an appeal?

in NY

Charles Holster
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Charles Holster pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 9, 2023

The fact that you lost the motion to reargue will not prevent you fr om following through with your appeal so long as you filed a timely notice of appeal from the Order. If you did not do that, it will be too late to do so. You cannot appeal from an order which denied reargument unless the order,... Read more »

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