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WE NEED A LAWYER TO GET INTO SAFTY DEPOSIT BOX TO SEE IF DEED TO PROPERTY IS THERE AND RETRIEVE MONEY AND JEWELRYAND SELL HOUSE-WE HAD THE WILL REGESTERED/CERTIFIED IN PR COURT-COVID CLOSED THE COURTS AND WE HAD TO LEAVE BEFORE AIRPORTS CLOSED-WE CAN NO LONGER TRAVEL WANT TO SELL THE HOUSE... View More 
answered on Aug 30, 2024
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My husband died recently and named me Executrix of his Last Will and Testament. The will was made in 1974 in New York and signed by my husband, our attorney and an employee. I am told that the signatures need to be verified. Our attorney is deceased and there is no one to verify his signature.... View More
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answered on Aug 22, 2024
I'm sorry for your loss. In New York, for a will to be valid, it must be executed in compliance with New York Estates, Powers & Trusts Law (EPTL) § 3-2.1. This includes being signed by the testator (your husband) in the presence of at least two witnesses who also sign the will. If the... View More
There are 2 properties where as the original owners have passed away. There is a daughter produced by the deceased couple. The father left a will. i need to find out the status of the estate
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The attorney who set up the irrevocable income only grantor trust said the grantor could file taxes on trust income using their own SS#, but now a different attorney says if the trust doesn't obtain its own tax ID, the grantor may be deemed ineligible for Medicaid. Which is accurate?
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answered on Aug 10, 2024
When dealing with an irrevocable income-only grantor trust, it's important to understand how the income is reported and how it might impact Medicaid eligibility. If the trust is set up as a grantor trust, the income can be reported under the grantor's Social Security number, meaning the... View More
Hello really weird question that no one has been able to figure out, but my girlfriend’s dad passed away and she is an only child who inherited everything and she is trying to give his motorcycle to her uncle/ his brother. There is no title for it and it’s showing that it’s not registered in... View More
answered on Jul 30, 2024
You're right; that is a tough one. The estate planning attorneys here would know best, but your question remains open for a week. In terms of registration, there probably wouldn't be any records that come up if the motorcycle was last registered in 1970, over fifty years ago. If there is... View More
when I was buying my husband credit wasn't good,so I use my daughter's name and credit but it was my money used. I'm sick and would like to protect my husband just in case...
answered on Jul 23, 2024
You will need to schedule a "mini-closing" where you (or your daughter) will need to deed the property from herself, to herself and your husband, as joint tenants (a technical legal term of ownership). Which particular form of ownership would work best requires a detailed review of your... View More
Can I make these changes myself, or must I meet with a lawyer and pay a significant fee to make these changes? Also, I am a single person in NYC with no family in this country…can I appoint a lawyer to be my executor and take care of all details if something should happen to me? Thank you.
answered on Jul 16, 2024
This is not something to do on your own.
You could execute a Codicil or a new Will. An Executor could be named in either.
Also consider Living Will, Health Care Proxy and Power of Attorney.
Jack
Cayuga county NY is the location, I'm an only child so I'm sole heir. I think my mom might have 2 mortgages on the house but I want to find a way to get the house when my mother eventually passes instead of the bank immediately repossessing it.
answered on Jul 10, 2024
Your mother's estate will be responsible for the mortgage or, if title passes to you, you may be able to work something out with the bank.
Jack
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answered on Jun 3, 2024
No. In New York, to be valid, the Will must be signed by the person making it in the presence of at least two disinterested witnesses. There is no requirement that the Maker's (Testator) signature be notarized. However, it is advisable that the two witnesses sign an affidavit at the time... View More
answered on May 24, 2024
It's a matter of "legal capacity." If your father has legal capacity regarding the payment of legal fees, why is a Guardianship needed at all?
Jack
What notice if any should be given
answered on May 1, 2024
Who draftees your trust? Was the property transferred to the trust? How was it funded? Your lawyer should walk you step by step through the next steps it’s really strange that you are asking these questions if you have a lawyer and if you don’t how did you fund the trust? As without funding... View More
answered on Apr 30, 2024
There are attorneys who can set up the things you list in your post. But it might be difficult for attorneys here to respond with offers of their services - the format here is limited to Q & A. You're going to need to reach out to attorneys. You could search attorneys on your own, you use... View More
We live in New York State
My husband (55) and I (62) would like to make a will, don't have time for a lawyer (leaving town).
Can we download a will from online (i.e.Rural Law Ctr NY provides template)
- print out
- have 2 unrelated people witness
- notarize
Thank you,
answered on Apr 11, 2024
A will must be prepared and executed in an exact way. The witnesses have to know what they are witnessing. When I do a will signing it is a formal ceremony and I ask certain questions of the testator and witnesses. If you do it properly then it should be ok. If you make any mistakes the entire... View More
My brother recently passed away, now it's just me and my mom. Is there any way for me to be added to the life estate?
answered on Apr 8, 2024
You may share in whatever interest your mother has if she conveys it (all or a share) to you, but she cannot convey more than she has; so her life tenancy would not extend beyond her lifetime. Upon her death your brother’s heirs or those named in his will if he had one (whether that includes you... View More
My stepbrother is to get 50 percent of the money, Here’s the issue:
My stepdad owed taxes on property that was sold in 2017. My attorney told me that since the house was bequeathed to me, that I am responsible for the taxes, unless the other executor agrees to help pay.
He said... View More
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answered on Apr 5, 2024
When someone leaves a Will, the Executor must follow the instructions contained within. Normally debts are paid from the estate before distributions are made. I am confused about your statement that the house was sold in 2017 and property taxes are still due.
I am my brother’s only living heir.
answered on Apr 2, 2024
The best way is to run a social security search. However, if you were appointed as the fiduciary of his Estate you could contact the IRS and obtain a transcript to see what has been reported in the past, contact the local banks and other financial institutions and review all his records, bank... View More
upon my death use all the various funds to pay my heirs without her paying gift taxes. Thank you for your time and attention.
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answered on Mar 30, 2024
You are better off not naming any beneficiaries for any of your accounts and allow the executor of your will, after court appointment, to collect them and distribute them according to the provisions of your will. The problem with your proposed strategy is the person you meant to be your executor... View More
She asked him to take his name off the deed which she did in 1994. She passed in 2019. He was always responsible for the mortgage payments. This is in NY
answered on Mar 22, 2024
A surviving spouse is entitled to inherit. The information provided by the NYS Unified Court System at this link should be helpful to you: https://www.nycourts.gov/courthelp/whensomeonedies/intestacy.shtml
I was in jail at the time plus I am my mother's 1st son and favorite yet I didn't sign anything or agree to nothing they just took everything
I need help
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answered on Mar 13, 2024
I'm so sorry to hear about your situation. Dealing with a manipulated will and the loss of an inheritance is incredibly painful, especially while also grieving the loss of your mother. Here are some steps you could consider taking to try to rectify the situation and get back what is rightfully... View More
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