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New York Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for New York on
Q: Real estate was recently sold ( NY )and the beneficiaries were advised that the administrator / executor never obtained

an EIN/TIN number and claimed taxes under their personal SS Number for 26 years. What are the ramifications?

Michael David Siegel
Michael David Siegel answered on Jul 22, 2021

You would need to review with a lawyer/accountant. The answer is in the details.

1 Answer | Asked in Estate Planning for New York on
Q: Is the estate of the deceased responsible for the maintenance of his/her home or are those inheriting the house?

Before the will goes to probate, what is New York State law?

Michael David Siegel
Michael David Siegel answered on Jun 23, 2021

Those inheriting the house, but while in the name of the estate, the fiduciary needs to keep the beneficiary apprised of expense issues, and the transfer should be done ASAP upon probate.

1 Answer | Asked in Estate Planning and Probate for New York on
Q: If a will indicates two beneficiaries, who both predecease the testatrix, who is the lawful distributee?

B (NY, died in 2017) left her estate in a 1961 will to two sisters; A (NY) and M (FL). The two sisters predeceased B. Beneficiaries to A's estate are her two children (NY & MA). Living beneficiaries to M's estate are her & B's brother, P (CA), and a niece, M (FL).

Julie King
Julie King answered on Jun 21, 2021

The answer will depend on what the will says. If the will has no "back up" people to receive the inheritance if the people listed as first choice have passed away, the inheritance will likely go to B's heirs by law. You should make an appointment with a probate attorney and have the... Read more »

1 Answer | Asked in Estate Planning for New York on
Q: If I did a revocable trust through legal zoom, where do I file it.
Gary Lane
Gary Lane 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.

3 Answers | Asked in Estate Planning for New York on
Q: My mother has Alzheimers. She has a POA document naming me as POA. Can I, as her POA, set up a revocable trust?
Nina Whitehurst
Nina Whitehurst answered on Jun 11, 2021

It depends on the wording of a POA. An attorney cannot answer your question without reviewing the POA.

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1 Answer | Asked in Estate Planning for New York on
Q: What recourse does one have if a supplemental needs trust was set up for someone who thought the beneficiary had SSI an

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... Read more »

Nina Whitehurst
Nina Whitehurst 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... Read more »

2 Answers | Asked in Estate Planning and Probate for New York on
Q: Can I revoke a consent from a "waiver of process consent to probate" form I was coerced into signing?

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... Read more »

Michael David Siegel
Michael David Siegel 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.

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1 Answer | Asked in Estate Planning and Probate for New York on
Q: beneficiary question

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... Read more »

Benjamin Z. Katz
Benjamin Z. Katz 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... Read more »

3 Answers | Asked in Contracts, Estate Planning and Real Estate Law for New York on
Q: Can a failure of payment from a PA judgment be recorded as a lien in NY?

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?

Nina Whitehurst
Nina Whitehurst 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.

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1 Answer | Asked in Estate Planning and Elder Law for New York on
Q: Can a attorney refuse to change a will.

My brother passed away and mom wants to take his name off the will. Her attorney refuse to do it

Nina Whitehurst
Nina Whitehurst 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... Read more »

1 Answer | Asked in Estate Planning for New York on
Q: All siblings were in parents will. Sibling was not owner of home, which was sold without my knowledge.
Michael David Siegel
Michael David Siegel answered on May 14, 2021

What did the will say would happen to the house? Who is the executor?

2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: Sibling sold family home without my knowledge. Queens N.Y.
Elaine Shay
Elaine Shay 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.

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2 Answers | Asked in Estate Planning and Probate for New York on
Q: Can my brother change the locks on me and keep me from being inside our home?

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... Read more »

Elaine Shay
Elaine Shay 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.... Read more »

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1 Answer | Asked in Criminal Law and Estate Planning for New York on
Q: Hello gm I hope all is well . I wanted to no what can I do about me not being able to obtain certain jobs because record

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

Michael Arbeit
Michael Arbeit 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.

1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: What is meant by I leave my estate to my children, if any who survive me in equal shares per stirpes

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... Read more »

Nina Whitehurst
Nina Whitehurst 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.

1 Answer | Asked in Estate Planning for New York on
Q: Can an Irrevocable Trust Trustee be changed if all parties agree? Does it take a consent modification or dissolution?

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.

Michael David Siegel
Michael David Siegel 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.

2 Answers | Asked in Estate Planning and Probate for New York on
Q: My uncle failed to probate his mothers will for his personal gain of use of her property and passed away 7 years later.

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.

Michael David Siegel
Michael David Siegel 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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2 Answers | Asked in Estate Planning for New York on
Q: If I put all of our assets into a Medicaid Asset Protection Trust, do I still have any control over those assets?

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?

Benjamin Z. Katz
Benjamin Z. Katz 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,... Read more »

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