Get free answers to your Estate Planning legal questions from lawyers in your area.
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'm a beneficiary of my cousin's IRA along with other named beneficiaries. I have reached out to the third-party managing the IRA but haven't received a response. Currently, I'm dealing with Section H of the IRA documentation, and I need to know if not reporting or reporting it... 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
My mother, a foreign national, owns a condo in NYC valued at around $1 million as an investment property. We are concerned about the 40% estate tax above $60,000 upon her passing. We are not interested in solutions like foreign corporations or life insurance. Can setting up a non-grantor... View More
Will we also benefit from the single $250,000 capital gains exemption. His trust was a grantor , Medicaid asset protection trust and considered part of his estate at death. He lived in the house for 45 years and died in it as well. He maintained some control of the trust with limited power of... View More
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answered on Feb 12, 2025
It is common for the grantor of a Medicaid Asset Protection Trust (MAPT) to retain just enough controls to trigger estate inclusion at the death of the grantor and, therefore, to cause the assets in the MAPT to obtain a step up in basis at the death of the grantor.
If a residence is owned... View More
I am a non-US citizen. I own a condo in NYC which is not my primary residence. I want to transfer this condo into my revocable living trust (domestic). My attorney filled out form TP584 as a conveyance without consideration. Therefore, no transfer tax is due. At the end of this form, it states that... View More
answered on Feb 7, 2025
A revocable trust's assets are still your tax responsiblity, e.g. property taxes, because it is revocable. The form you are filing suggests you are getting income from the property and that is taxable. If you have no confidence in your atorney, you should obtain another one. Do so or take... View More
The paperwork had been signed several weeks prior. There was a delay at the town . Official transfer to the trust was 6 weeks after his death. Is it a valid asset to the trust? Or rather could it be part of his estate at the time of death. Currently it’s listed as an asset of the trust on... View More
answered on Jan 27, 2025
Although the recording of the deed provides a public record of the transfer of the property to the trustee of the trust, it does not necessarily have to happen immediately or even before the grantor dies. It has more to do with the delivery of the deed to the trustee. Although it could be a factual... View More
For 15 years took care of her till she passed. My sister's wanted to sell the house. We applied for & were approved for a mortgage. They wanted more than we were approved for & didn't accept it. We stayed in the house, looking for a new place is very challenging. They placed an... View More
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answered on Jan 23, 2025
If your name is not on the deed, you are not the owner. I do not know who you are referring to when you say "They".. There are also several facts that you have not provided. Who wanted more, who evicted you, and why are your belongings still there? Was the house sold at auction... View More
I am currently facing uncertain health challenges that are expensive and it makes more financial sense for me to be unemployed but maintain medicaid eligibility rather than work and lose my coverage. The problem with this is that I want to be productive and start a business, no matter how much time... View More
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answered on Jan 28, 2025
Maintaining Medicaid coverage while earning above the income limit in New York requires strategic planning, especially if you want to stay productive. One potential route is exploring Medicaid's "Medicaid Buy-In for Working People with Disabilities" program. This allows individuals... View More
My mom leased a vehicle in only her name. She passed away and has no estate. We contacted the credit union who gave us the run around for over a month about turning the vehicle in. Now they want over $8000 in charges for sending it to auction and not getting the amount they wanted. Are we liable if... View More
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answered on Jan 5, 2025
No. If you are not on the lease agreement, you have no liability. If your mother left no assets, the credit union will be unable to recover their losses.
answered on Jan 9, 2025
I interpret the question as may a beneficiary to an inheritance of a house disclaim the benefit? In that instance, it is as if you did not exist in the will [at least as far as the house goes] and any other beneficiary [such as a sibling also given a share of the house] could have his share... View More
Grandfather died. My grandmother was the beneficiary of his life insurance policy but predeceased him in 2016. They had 4 children which one died 9 days after him. If there's no contingent beneficiary, how will be payout be? Is the deceased child entitled to any of the money?
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answered on Dec 26, 2024
If a beneficiary of a life insurance policy predeceases the policyholder and there is no contingent beneficiary, the policy will be payable to the estate of the policyholder. If your grandfather had a Will, distribution will be made pursuant to that. The Will will have to be probated if that has... View More
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.
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