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We thought the trust was done weeks before but it wasn’t. The lawyer handling it or boggling it said no title company would insure the property thus creating a big problem
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answered on Apr 10, 2020
There probably will be issues. More information is needed to properly assess.
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answered on Mar 14, 2020
If you put property in an LLC where you are the only member, Medicaid would consider it your property. LLCs are useful for business purposes and limit liability.
An irrevocable trust transfers property out of your control. A properly prepared irrevocable trust can provide income to you... View More 
His only brother died before him a week ago and left my uncle his property and assets. All his siblings are dead. Niece and nephew, the only surviving children of his siblings, want to know who has right to assets. The niece took care of my uncle prior to his death and has her name on his bank... View More
answered on Mar 13, 2020
This is an estate question not Family Law. There are many variables here. One question is who passed first your uncle or his brother. If uncle died first his brother's estate may not come to your uncle - it depends on what the will says. In most cases, it would provide that if uncle died... View More
he has no will. can my sister make a claim to his estate
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answered on Mar 10, 2020
No. Your sister has no legal claim under NY law.
My father's eldest and last surviving brother, passed away in December of 2016, leaving behind a property & bank accounts, which have gone unclaimed. I helped my Dad find a Lawyer who, was paid a retainer of nearly $3000 but, did nothing for which he was paid -- in fact, he has ignored my... View More
answered on Mar 8, 2020
As a first step, you could contact an attorney in Puerto Rico who handles Estate Matters. You could also repost your question under Puerto Rico (follow the link that says "Show More States.") There are attorneys who practice in Puerto Rico who are active on this Q & A board. You could... View More
Irrevocable trust was funded with assets 6 years ago.
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answered on Mar 1, 2020
If he was a resident of Puerto Rico and left a Will, it will need to be probated in Puerto Rico. If he left it to you some other way there may be other ways to deal with it.
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answered on Feb 28, 2020
Real estate is transferred using a document of conveyance called a deed. However, there are a variety of types of deeds, and the choice is not always obvious. I do not ever recommend using quitclaim deeds because of issues with insurability. That leaves possibly a warranty deed or a special... View More
Or married but separated on the death certificate worksheet ?
answered on Feb 27, 2020
Your kids pay no estate tax. Your exemption will more than cover $850,000.
We where never married, we had 2 children together. He has other kids from 2 different women. One never allowed him to see his child but is claiming money
answered on Feb 20, 2020
If he owned the property he must have a deed. I assume you mean he does not have a will. Was he married at the time of his death? An estate action must be filed for intestate succession to determine the inheritence rights. Depending upon where he died, someone need to file the papers there and in... View More
My father has a will he created by Legal Zoom, when living in NY. He passed away while residing in NC. As I was named the executor, I met with the county clerks office to begin handling his affairs. I was told that NC requires the last 2 pages of the will (notary & witness pages) to be... View More
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answered on Feb 16, 2020
The is no requirement for a notary to be involved in a Will at all in New York. Estate Powers and Trusts Law (EPTL) 3-2.1 requires the signature of the person signing the Will and two witnesses. None of those signatures need to be notarized.
Many times witnesses are asked to sign a... View More
Mother now suing me for return of the home Breach of contract.
Opinion? Mother said this agreement was made in front of her lawyer
Lawyer who handled deed transfer saying no promise to share home was made
answered on Feb 14, 2020
You need to defend the case, but if the facts are as you say, you should win.
My father was declared brain dead on Jan 9th, and passed away on Jan 24th. His girlfriend has made 2 withdrawals using ATM, one of which weeks after death. The DA said that it's not illegal if he gave her permission; but, how can he give permission if dead? They are not married. He died... View More
answered on Feb 13, 2020
Regardless of whether you are able to convince the DA to take action, the Estate can commence civil litigation to recover any funds wrongfully withdrawn.
The man never gave a nickel to help raise him. He didn't even bother coming to the funeral. He was 29 what can we do?
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answered on Feb 10, 2020
If you nephew didn’t leave a Will, the law of intestacy sets out the order of distribution. If he had no wife or children, parents would be next, even deadbeat ones. This is why it is important to have a plan. Of course, the father can waive his rights.
I am preparing my will and have a primary beneficiary, but I want to add as alternate beneficiaries, the children, biological foster and adopted children of my nephew and cousins.
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answered on Feb 7, 2020
There is no one “right” way. It all depends on your intentions. If a client of mine wanted to do that I would have to ask several more questions in order to develop the wording. If you want this done right obtain the assistance of an experienced estate planning attorney.
In case where someone died intestate with no spouse, no descendants at all, and no surviving siblings, parents, or grandparents, my understanding is that the next distributees to be considered are "issue of grandparents".
If one child of the grandparents is still living, and... View More
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answered on Jan 24, 2020
Estates, Powers &Trusts Law Section 4-1.1 states:
“6) One or more grandparents or the issue of grandparents (as hereinafter defined), and no spouse, issue, parent or issue of parents, one-half to the surviving grandparent or grandparents of one parental side, or if neither of them... View More
My father’s estate (death 2016) did not close yet because we had to sell his house, which we could not do until one month ago. But now, the estate lawyer is unresponsive to us. We want to know if I write a letter as the other heir denying need for accounting requests, can my brother, the... View More
answered on Jan 20, 2020
You can close the estate without a lawyer, but you should probably consult one to make sure everything was done legally, so there are no problems. If everyone is in agreement on everything, closing the estate is simple.
I’m the guardian for her account until she’s 18
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answered on Jan 16, 2020
You may need to explain how this is a benefit for her and why it is necessary. Courts will generally deny large withdrawals from accounts for minors unless it makes sense.
My question is that recently I found out that he had a 401K and he did not have anyone listed as beneficiary since I am his only next of kin am I entitled to any of that 401K? I am sure that all his assets will go to probate and then a decision will be made. Thank you.
answered on Jan 15, 2020
You need to file an administration proceeding. The amount of the 401k governs the type.
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