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New York Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning, Probate and Real Estate Law for New York on
Q: Do I need to list deceased spouse as current owner on deed transfer to trust?

I am transferring the ownership of a jointly owned home to a trust via a warranty deed. The home was previously owned jointly with my deceased spouse, and their interest was transferred to me as outlined in the will. Do I need to include my deceased spouse as a current owner on the deed for this... View More

Anthony M. Avery
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answered on Jun 11, 2025

Was his Will probated? If it was then you are the owner if Husband owned anything to convey. More than likely you take as the surviving spouse, not through the Will Devise. Whatever the case, apparently you are the owner and should convey the property to the Trustee of the Trust. Absolutely... View More

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2 Answers | Asked in Probate and Estate Planning for New York on
Q: Should joint account funds cover funeral expenses in NY?

My mother passed away unexpectedly in Staten Island, New York. She had a checking account with her sister-in-law. I am her daughter and the executor of her estate, which includes only her house. I paid for her funeral expenses. There were no arrangements made regarding her debt. Should the money in... View More

Benjamin Z. Katz
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answered on Jun 3, 2025

Joint bank accounts are considered property of the survivor. When your mother died, according to what you said, the joint bank account became the sole property of her sister-in-law. If you paid for her funeral, you are entitled to be reimbursed from estate assets. The bank account is not an estate... View More

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2 Answers | Asked in Estate Planning and Probate for New York on
Q: Is an unwitnessed will valid in New York if dictated and signed by the testator?

In 2013, I drafted a handwritten will for my mother based on what she dictated, and she signed it without any witnesses. She was of sound mind when she signed it. However, it is not truly a holographic will since I wrote it, not her. My mother passed away in September of 2014. Under New York law,... View More

Stephen Bilkis
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answered on May 18, 2025

Under New York law, an unwitnessed will, such as the one you described, is generally not considered valid. New York requires that most wills be executed in a specific manner to be legally recognized. According to New York Estates, Powers, and Trusts Law (EPTL) § 3-2.1, a valid will must be:... View More

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4 Answers | Asked in Estate Planning, Nursing Home Abuse and Personal Injury for New York on
Q: How to obtain general Power of Attorney for mother in New York nursing home?

I am looking to obtain a general Power of Attorney for my mother, who is currently in a nursing home in New York and wishes to give me this authority. She is still capable of making her own decisions. What steps should we take to set this up, and whom should we contact to ensure everything is... View More

Tim Akpinar
Tim Akpinar
answered on May 2, 2025

The least expensive way could be to buy a standard blank form and fill it in. Stationery stores located around courthouses sell them for two or three dollars. You could also find downloadable forms online that are similarly inexpensive. Add to that a nominal notary public fee. You could also go to... View More

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4 Answers | Asked in Estate Planning, Landlord - Tenant and Real Estate Law for New York on
Q: How can I secure my rights to my mom's property and prevent her husband from evicting me?

I live with my mom and her husband in a residential property that my mom has verbally declared belongs to me should anything happen to her. However, I am concerned about her husband possibly evicting me and renting out the house for his own benefit, especially if he considers placing her in a... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 23, 2025

Your mother could give you a lease. Your mother could put her ownership rights in the house in a Trust. She could do so by a Will. Her husband may not have a legal right to inherit if he is not a co-owner on the deed, but if she does nothing, he may very well inherit by intestate law. The verbal... View More

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2 Answers | Asked in Estate Planning, Divorce and Family Law for New York on
Q: How to change my power of attorney to my daughter in NY during divorce?

I am seeking to change my power of attorney from my husband, whom I am divorcing, to my daughter, who oversees my healthcare. I have been diagnosed with Bipolar disorder, and my daughter has been instrumental in managing my medications, which has helped me avoid hospitalization. My daughter... View More

Stephen Bilkis
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answered on Apr 2, 2025

I understand how important it is to have someone you trust managing your affairs, especially during a divorce and while addressing health needs. In New York, changing your power of attorney (POA) is a relatively straightforward process, even if you are in the middle of a divorce. As long as you are... View More

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2 Answers | Asked in Estate Planning and Tax Law for New York on
Q: Can two properties in a revocable trust share one EIN?

I have two separate properties under the same revocable trust, and currently, one of the properties has an EIN. Can I use the same EIN for both properties within the trust? What would the tax benefits of this be, and are separate EINs necessary for each property?

Benjamin Z. Katz
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answered on Apr 1, 2025

Properties do not have EINs. If the Trust is a revocable trust, you may use your SSN or my apply for, and receive, a separate EIN. When transferring properties to or from a Trust, the Trust must be identified by either a SSN or EIN on transfer documents. So, to answer your question, you must use... View More

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3 Answers | Asked in Divorce, Estate Planning, Probate and Family Law for New York on
Q: Can I request my husband's mental competency info for divorce discovery?

I am currently in the middle of divorce proceedings with my husband, who seems to be mentally incompetent. He was in a nursing home or rehab during our last court appearance 10 days ago and appears to be under heavy medication, possibly in Hospice. I am seeking medical information about his mental... View More

Stephen Bilkis
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answered on Apr 2, 2025

I understand that navigating a divorce while also dealing with your husband’s declining health and concerns about his mental capacity can be incredibly stressful. It’s even more difficult when significant financial assets have been spent and you’re unsure of your legal options moving forward.... View More

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2 Answers | Asked in Estate Planning and Probate for New York on
Q: How to proceed with DNA testing and inheritance question for potential granddaughter of deceased in NY?

My former wife, who recently passed away, wished to leave some money to a young lady she believed might be her granddaughter. The young lady is 21 years old, and my former wife wanted to confirm this relationship through a DNA test if the young lady is willing. No legal process has been started,... View More

Stephen Bilkis
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answered on Mar 16, 2025

I understand that you want to honor your former wife’s wishes and ensure that this young woman has the opportunity to confirm her potential relationship with her. Since there are no legal proceedings underway and your former wife did not leave a formal estate or legal documents outlining her... View More

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1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: Will a will and trust ensure I'm entitled to the house if my husband passes?

I live on Staten Island, NY, and my husband purchased our house before we married. His father's name is also on the deed because he helped with the down payment. We plan to create a will and trust to leave the house to the surviving spouse or our son if we both pass. My name is not on the... View More

Gregory M. Lendino
Gregory M. Lendino
answered on Mar 9, 2025

Based on your description, a Will and a Trust are insufficient to ensure that the house goes to you (or your son) in the event that your husband dies.

Why? Because you described the house as being half owned by your Father in Law, and half owned by your husband. Your husband's will...
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1 Answer | Asked in Estate Planning and Probate for New York on
Q: Validity of a will regarding power of appointment in NY

I have a question regarding the validity of a will in New York. There is a clause stating that "any power of appointment hereunder must be exercised by the creator's will, living trust, or other written instrument which, within ninety (90) days of the creator's death, must be either... View More

Gregory M. Lendino
Gregory M. Lendino
answered on Mar 9, 2025

Your question involves a power of appointment clause, which can impact the validity and distribution of assets under a will. In New York probate law, this type of provision can be strictly interpreted, so if the power of appointment was not exercised or submitted for probate within 90 days, the... View More

1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: Is a will and trust enough to ensure I inherit our house in NY?

I live on Staten Island, NY, and my husband purchased our house before we married. His father's name is also on the deed because he helped with the down payment. My husband and I plan to create a will and trust, intending to leave the house to the surviving spouse or to our son if we both... View More

Benjamin Z. Katz
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answered on Mar 6, 2025

If your father-in-law is on the deed, he has an ownership interest. If your husband and father are the only two owners and are listed on the deed as joint tenants, when one dies, the other gets 100% ownership. If they are not listed as joint tenants, each owns 50%. In that case, your husband may... View More

1 Answer | Asked in Estate Planning, Probate and Civil Litigation for New York on
Q: How can I ensure I get my 1/3 share of my father's trust in New York and the personal items he wanted distributed?

My father died by suicide a year ago, and the trust managing his home sold it, intending to divide the proceeds equally between me and my two siblings. Initially, I was told that my father left a note indicating his wish for me to have his truck—the place of his passing—and divide personal... View More

Gregory M. Lendino
Gregory M. Lendino
answered on Mar 3, 2025

I’m very sorry for your loss. It’s understandable that you want to ensure your father’s wishes are honored, and it sounds like there are serious issues with how your siblings are handling the trust and estate distribution. Since you already signed off on them being co-administrators, you... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Construction Law and Land Use & Zoning for New York on
Q: I just got a provision of law 28-105.1 complaint requesting for corrective action. Can I ignore it if I’m the owner?

I just got a provision of law 28-105.1 complaint requesting for corrective action. Due to alter my house without a permit. Can I ignore this request? Like I’m living it the house and I own the house would there be any future issues? The change was enclosing my front porch with walls for another... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 26, 2025

Eventually, DOB will issue another violation for failure to comply and enter a default money judgment because you ignored the summons and did not restore the porch to its original condition, obtain a permit, or amend the certificate of occupancy.... View More

1 Answer | Asked in Health Care Law, Estate Planning, Public Benefits and Real Estate Law for New York on
Q: Medicaid lien concern on grandmother's house with me as beneficiary in NY

I am concerned about Medicaid and asset protection regarding my grandmother's house. My grandmother is sickly and requires more care than I can provide. Her daughter wants to apply for Medicaid and get her on the assisted living waiting list. My grandmother's only major asset is her... View More

Gregory M. Lendino
Gregory M. Lendino
answered on Feb 19, 2025

I completely understand your concern—Medicaid rules can be tricky, and it’s important to plan ahead so you don’t run into issues later. Since your grandmother owns the house and may go on Medicaid for assisted living, there is a real possibility that Medicaid could place a lien on the home to... View More

2 Answers | Asked in Estate Planning and Tax Law for New York on
Q: My father’s house was in a Medicaid Asset protection Trust. I have confirmed it gets a step Up in basis.

Will we also benefit from the single $250,000 capital gains exemption. His trust was a grantor , Medicaid asset protection trust and considered part of his estate at death. He lived in the house for 45 years and died in it as well. He maintained some control of the trust with limited power of... View More

Nina Whitehurst
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answered on Feb 12, 2025

It is common for the grantor of a Medicaid Asset Protection Trust (MAPT) to retain just enough controls to trigger estate inclusion at the death of the grantor and, therefore, to cause the assets in the MAPT to obtain a step up in basis at the death of the grantor.

If a residence is owned...
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2 Answers | Asked in Estate Planning and Tax Law for New York on
Q: My father’s house was in a Medicaid Asset protection Trust. I have confirmed it gets a step Up in basis.

Will we also benefit from the single $250,000 capital gains exemption. His trust was a grantor , Medicaid asset protection trust and considered part of his estate at death. He lived in the house for 45 years and died in it as well. He maintained some control of the trust with limited power of... View More

Gregory M. Lendino
Gregory M. Lendino
answered on Feb 19, 2025

The good news is that since the house was held in a Medicaid Asset Protection Trust (MAPT) that was a grantor trust for income tax purposes and included in your father’s estate for estate tax purposes, it should qualify for a step-up in basis upon his death. This means that the basis of the house... View More

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2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for New York on
Q: How to fill New York State form IT2663 for title transfer into revocable living trust for foreigner.

I am a non-US citizen. I own a condo in NYC which is not my primary residence. I want to transfer this condo into my revocable living trust (domestic). My attorney filled out form TP584 as a conveyance without consideration. Therefore, no transfer tax is due. At the end of this form, it states that... View More

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

A revocable trust's assets are still your tax responsiblity, e.g. property taxes, because it is revocable. The form you are filing suggests you are getting income from the property and that is taxable. If you have no confidence in your atorney, you should obtain another one. Do so or take... View More

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1 Answer | Asked in Estate Planning for New York on
Q: A deed was not recorded transferring ownership to a trust until 6 weeks after death is it valid in NY

The paperwork had been signed several weeks prior. There was a delay at the town . Official transfer to the trust was 6 weeks after his death. Is it a valid asset to the trust? Or rather could it be part of his estate at the time of death. Currently it’s listed as an asset of the trust on... View More

Damien Matthew Bosco
Damien Matthew Bosco
answered on Jan 27, 2025

Although the recording of the deed provides a public record of the transfer of the property to the trustee of the trust, it does not necessarily have to happen immediately or even before the grantor dies. It has more to do with the delivery of the deed to the trustee. Although it could be a factual... View More

3 Answers | Asked in Estate Planning, Family Law, Foreclosure and Real Estate Law for New York on
Q: My situation is complicated, but here is some information. My mom passed away, my family & i lived in the house with her

For 15 years took care of her till she passed. My sister's wanted to sell the house. We applied for & were approved for a mortgage. They wanted more than we were approved for & didn't accept it. We stayed in the house, looking for a new place is very challenging. They placed an... View More

Damien Matthew Bosco
Damien Matthew Bosco
answered on Jan 23, 2025

When someone dies and has a Will, the Executor manages the estate, including the real property, until the Executor distributes the property to the named beneficiaries. The Executor's duties include ensuring that the property is secure. Effectively, the Executor is the landlord of the premises... View More

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