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answered on Jun 15, 2021
Living Trusts are not filed. You may do so if you choose, but most folks do not file (record) them but instead keep them private. Should you choose to record it, it is done as your local County Recorder's Office, where deeds are recorded.
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answered on Jun 11, 2021
It depends on the wording of a POA. An attorney cannot answer your question without reviewing the POA.
What recourse does one have if a supplemental needs trust was set up for someone who thought the beneficiary had SSI and not SSDI and the beneficiary doesn’t need the protection of the trust?
Can the supplemental needs trust be dissolved?
I've had a mental disorder since... View More 
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answered on Jun 9, 2021
Your question cannot be answered without reviewing the supplemental needs trust. Some include provisions for early termination if no longer needed, such as the beneficiary is no longer receiving needs-based benefits, or if the amount held in trust has become too small to be managed efficiently, or... View More
In February 2021 my sibling asked me to sign a waiver of process consent to probate form. I didn't want to sign it. I asked for a copy of the will and was denied. She and her brother said if I don't sign it the court was going to take the house. She said my brother signed the same waiver... View More
answered on Jun 8, 2021
It is very hard to revoke a consent. From the post you were not coerced. You just did not seek good legal advice.
will reads I leave my estate to my children, if any, who survive me in equal shares, per stirpes - have received two different answers for what this means - the first lawyer I talked with stated that the estate would be divided between the three alive children and then the fourth share would be... View More
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answered on Jun 7, 2021
Since it conditions it upon surviving the maker of the Will, it would be be divided among the living children with no share will be given to the children of any child not living at the time of the maker's death. Per stirpes is inconsistent with the "who survive me" wording. That... View More
Judgement if lawyer fees from a contempt in custody. He hasn't paid anything and won't pay. After I get a judgement for contempt again, can the PA judgment be recorded against his house in NY?
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answered on Jun 3, 2021
Every state has a process for "domesticating" foreign judgements. It usually starts with obtaining a triple certified copy of the foreign judgement. A collection attorney in New York can help you with this.
My brother passed away and mom wants to take his name off the will. Her attorney refuse to do it
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answered on May 18, 2021
It is unclear whose will needs to be revised. If it is the will of a deceased person, it cannot be revised. If it is the will of a living person, the only person who can revise it is the living person, who can only revise it (with the assistance of an attorney recommended) if he or she still has... View More
answered on May 14, 2021
What did the will say would happen to the house? Who is the executor?
answered on May 14, 2021
What is your question? If your sibling owned the property, there is no requirement that family members be notified of an intended or actual sale.
My beloved father passed away in May of 2020 due to COVID and the house he owned was passed down to my two siblings and I. We all have a room full of personal items. We have all signed a document last year making my sister in charge I believe. I can’t quite remember exactly what the document was... View More
answered on May 12, 2021
Although your question is limited to the items in your room, the real issue seems to be about control of the property your mother previously owned. If your mother died without a will, her New York real property passes to her heirs, which would be her children if she was not survived by her spouse.... View More
because I have a record i don't have no felonies they are misdemeanors and happen when I was young but I can't even do a training class for home health aid because of this and I just would like to no what steps I can take to resovle this issue I been having with my record for years
answered on May 10, 2021
In New York, You may be able to seal you criminal convictions pursuant to CPL 160.59. Consult with an experienced criminal defense attorney to see if you are eligible.
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answered on May 5, 2021
I can answer any questions you have.
My mother died and this is how her will read. Do the children of a deceased daughter then have a right to that daughters share or since the daughter predeceased the mother are they excluded. I have received different answers, since the will stated first to my children if any who survive me in... View More
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answered on Apr 28, 2021
It means that if a child of your mother predeceased your mother, then that child's children (your mother's grandchildren) inherit the deceased child's share.
I’d like to change my Trustee from my cousin to my son, all parties are in agreement but I have an irrevocable trust and am not sure if I can just modify it with a consent modification or if I need to dissolve the whole trust and start a new one. Please advise.
answered on Apr 23, 2021
The terms of the trust are relevant, but generally, if all interested parties consent, you can amend it. There is a form for doing this. As it is a form, it is not very expensive.
If our assets are in a Medical Asset Protection Trust, can I continue to pay bills, cash checks, control my personal corporation through which I work as a freelancer?
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answered on Apr 2, 2021
Bottom line ...no. Once an asset is in an irrevocable trust, which is what a MAPT is, you give up control of those assets. You may still be able to receive income from the trust, but you may not transfer, sell or use assets. You would appoint a trustee to control the assets. As for the corporation,... View More
My father just found out he was beneficiary to half of the home. My father will probate the will, Is my uncles estate due the half share? There are no clauses in will regarding either heirs death when will is probated. No mention of their in-laws or estates. This is in NY.
answered on Apr 5, 2021
The will governs the disposition. The uncle's estate would be surcharged for rent for the seven years.
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answered on Mar 28, 2021
If it was a gift, it’s yours. However, if the friend loaned you the money to buy the car and retained a lien or you signed a promissory note, the estate owns that debt.
My father was a beneficiary of an estate that was not settled prior to his death. After my father passed, we hired an attorney only to probate his will and assign an executor. Our attorney got involved with the attorney for the estate my father was a beneficiary of. We were told that we should not... View More
answered on Mar 18, 2021
You can request the checks be made a certain way, but if I were the lawyer for the first estate, I would insist that the check be made to the Estate of your father, and a release be signed by your father's executor. If you can get the lawyer to do otherwise, it is not illegal.
answered on Mar 6, 2021
None. That is why typically a merger with an existing congregation is done.
My mother who is sick and has Alzheimer’s has a condo in Florida that isn’t being used. We live in NY. It is in the family trust. It is willed to my estranged sister after mom passes. The maintenance fees are 400 a month plus taxes, and I would rather use that money towards her care or save... View More
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answered on Mar 5, 2021
As Trustee, you have the power to administer the trust and the assets contained in it. The Trust agreement will dictate what you can and cannot do. The Trust agreement would need to be reviewed before a proper opinion could be provided.
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