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My child support arrangement was unique in that we each agreed to cover 60 / 40 % respectively. I received a judgment for $30 k which is currently being violated and with support enforcement on the trail. My kids are now adults. If i don’t call this judgement out in a will , is it lost? It’s... View More 
answered on Sep 5, 2020
Regular child support payments terminate upon the death of either the payor or payee. Judgments may be collectable against the estate of the Judgment debtor's estate but a claim has to be filed. Typically the parties are required by the Judgment of Divorce to carry life insurance to cover... View More
My father died last October. He has a death benefit with his union. He was a resident of NYS, in NYC. He listed my mother as the beneficiary, but with an inaccurate/incorrect name and marital status. My mother is listed as his wife, but they never married. Her given name is listed with his surname.... View More
answered on Sep 1, 2020
Do you have other siblings? If not, then it does not matter whether you or your mother gets it. They have to pay someone. Thus, offer them to either pay your mother, or pay an estate, or pay you. They may require waivers so they do not pay twice, but you do not care about that either.
The father passed away in June 2020. His four "personal use" vehicles in his garage are titled through his used car business. One of the vehicles has a value over $25,000. The executor of the will believes that all four vehicles "possibly" belong to the beneficiary that got the... View More
My father owns a house free and clear that he would like to sell to me. He does not live in the house but maintains it. He also has another house where he lives with his wife. I need to stay in my current home until kids graduate in 2024. My father is 87 and not in good health, he may not be around... View More
answered on Aug 31, 2020
If your father is agreeable to delaying the receipt of the proceeds from a sale of the property, he could sell the property to you now and take back a baloon mortgage that becomes due at the time you intend to be ready to move. This way the purchase price and sale are confirmed and you become the... View More
Entire estate. He has been dead 30 years. I f he is my brother would he have a claim?
Mother died and father inherited property. I found out my mother had me as power of attorney. My father has changed the will since her death. What can i do as power of attorney? Can I uphold the original will?
answered on Aug 26, 2020
Something is up here but your post makes no sense. Wills cannot be changed after death. Wills are filed with the court and enforced as to the terms. A power of attorney ceases on death, so your late discovery of the document is not relevant.
I live in California. I would like to know if you could provide me with legal services?
answered on Aug 31, 2020
You might have better chances of finding an attorney if you start reaching out to them instead of continuing to wait. Your post remains open for a week, and the format here is more question and answer board than attorney referral service. You could use the Find-a-Lawyer tab above to locate Estate... View More
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answered on Aug 14, 2020
If the will was held privately, like in a bank, there is no record. When wills are filed with the Surrogate they are given numbers and entered. Thus, I am not sure where you think it is located.
note stating they can't take care of the home expenses and was giving the house to me fast forward to 2018 my mom passed away in January and in February a deed transfer was made taking my mom off the deed and adding myself along with my dad to the deed in April another deed transfer was made... View More
answered on Aug 10, 2020
These cases turn on the facts. You must answer it and not default. The fact the deeds were done by a lawyer and notarized helps, as long as those people will testify for you. However, you are years away from that issue. For now, you just need to respond. The manner of the response depends on... View More
This lawyer did parents estate when mom had dementia put her on medicaid for $. Then sibling gets excess income I have to pay, created accounts w mom as joint, refused to pay me back, I couldnt object no lawyer, really want them all caught but no help but need to know my future I have mom and... View More
answered on Aug 9, 2020
I cannot follow the facts. Is your mom dead or alive? You are mixing legal terms. The POA is not relevant if your mother is dead. If there is an estate, you have to petition for the relief you want.
We have an irrevocable trust in New York state from 2012. This was created as part of a larger estate planning that included wills, health care proxies and two trusts. Everything else was properly notarized except this one trust. It is signed by the grantors, however where the grantors signed is... View More
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answered on Aug 8, 2020
If the signature was not notarized or properly witnessed, the trust may be invalid. However, there are provisions in the law that may be used to correct deficiencies or allow for decanting into a new trust. You should have the trust agreement reviewed by an Estate Planning Attorney.
The two beneficiaries were coerced into signing their wills by the executor. If they did not sign the wills, the executor threatened to not allow a locksmith into the testator’s home to open their father’s safe.
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answered on Aug 5, 2020
Your question is a little off. The Will is signed only by the person making the Will (Testator).
When the Testator dies the named Executor petitions the Court for the power to carry out the provisions of the Will. If the spouse and heirs don’t agree that the Will is valid and don’t... View More
"When such beneficiary reaches the age of 24 years the principle then remaining and any accumulated income shall be paid over to the beneficiary." What does the above mean regarding the inheritance of a trust? ie. is this trust being passed on OUTRIGHT AND FREE OF TRUST?" Does the... View More
answered on Aug 5, 2020
First, this is not a "Family Law" question. It is an estates question. However, any lawyer would need to see the entire trust to interpret it. What you are describing appears to be a final distribution of an asset, meaning it would no longer be governed by the trust, but, ahgain, that is... View More
Children a waiver of bond to sign. None of us live inSC. Why is this needed? What happens if we don’t sign it?
answered on Jul 27, 2020
The bond is to protect all of the heirs if the administrator does wrong. Signing a waiver of bond will permit the administrator to proceed without a bond, thus without the heirs being protected. Bonds cost money and the waiver saves that cost, which comes out of the inheritance.
My father died more than 10 years ago, and we wish to remove his name from the deed and avoid future probate by including our names on the deed. My mother will retain ownership of her house, but we'd like to get our names on the deed. How would we define the "condition of conveyence"... View More
answered on Jul 27, 2020
I charge $500 plus the recording fees to do a deed. It would take less time to do it than explain it.
The husband had a stroke and is on disability. He wants to put his house, co-owned with wife , in an irrevocable trust for his children. He is then going to receive Medicaid to pay for his maintenance in an assisted living institution. Is the house protected from the liens or other governmental... View More
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answered on Jul 25, 2020
Yes. However, the law is scheduled to change shortly. Right now there is no look back period for Medicaid involving assisted living. After October 1, 2020 there will be a look back period. The transfer needs to be done quickly and properly.
Father passed away from Covid in April, he left a handwritten will which stated that my Uncle was the beneficiary of his bank account, and he was to distribute the money equally between My mother , my brother and myself. My father has left a business and since we trusted my uncle would do the right... View More
answered on Jul 24, 2020
This should be posted in the Estates and Trusts section. However, in general, since your father died in NY, NY has jurisdiction. In NY, a handwritten will is not usually legal. You would have to start a proceeding in the Surrogates court where your father resided. As part of that proceeding,... View More
We were asked to prove paternity. Our daughter is 27 yrs old we lived together 29 yrs hes on certificate.
answered on Jul 21, 2020
If your daughter is the only heir, then the birth certificate is usually enough. If the court appointed a guardian for unknown heirs or someone is challenging, then you may need more proof. As you did not state where you are in the proceedings, I cannot give better advice.
I am trying to find out how I get items in a safe deposit box appraised if I cannot remove the items?
Facts:
1) The owners of the box are me and my father, my father is deceased. The bank knows this.
2) The bank is in NY.
3) The items within the box are likely small... View More
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answered on Jul 17, 2020
If you are listed as a joint owner I don't understand why you are not being given access. However, I suggest that you file for a small estate for voluntary administration based upon the assets you are aware of. Once you are empowered by the Court, you can certainly get access to the safe... View More
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