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New York Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning and Probate for New York on
Q: Do I have to pay 65% of the will's expenses because I am the beneficiary of 65% of the residuary estate? New York law.

The executor of my mother's estate says that estate expenses come out of the residuary estate, and since I'm the beneficiary of 65% of the residuary estate (and my brother is beneficiary of 35% of the residuary estate) that the estate expenses will have to be paid 65% by me and only 35%... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 25, 2020

Any estate expenses are paid before distributions. I’m not sure what you mean by will’s expenses.

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4 Answers | Asked in Estate Planning for New York on
Q: Do you use an EIN number or grantor’s SS# for a trust brokerage acct?

It’s a grantors trust established in NYS

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 21, 2020

For tax purposes, a revocable trust is considered property of the grantor. Grantor’s ssn is normally used.

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2 Answers | Asked in Estate Planning for New York on
Q: is that a law that the administrator of a wrongful death case gets 50,000 automatically even if there is only $50,000.

After settling for $100,000 $50,000 was left from bills and attorneys so there was nothing left for me and my sister

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 15, 2020

No.

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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for New York on
Q: My home is in both my name and my late husband's. He died 10 years ago with no will. All we had was the house.

We lived paycheck to paycheck. He had been disabled for 24 years. How do I get the deed in just my name?

Howard E. Knispel
Howard E. Knispel answered on Sep 14, 2020

You may not need to. If you are going to sell, Usually the title company will accept a deed granting to the buyer from the surviving spouse with a death certificate. If you do want to change the deed now, you would need to file a new deed along with the death certificate and transfer documents,... Read more »

1 Answer | Asked in Estate Planning for New York on
Q: Shall a small estate administrator who is also a sole beneficiary say "no funds of the estate remain in my possession"?

I am both an administrator and the sole beneficiary of my late father's (small) estate in NY. I've already got letters of administration from the surrogate court. I paid funeral expenses two months ago with my own funds. After I distribute the remaining funds to myself, I need to fill out... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 11, 2020

It is understood that this refers to funds that still need to be disbursed. I suggest you call the clerk of the Surrogates Court to see what they recommend. You can add the words “as administrator” to be clear.

1 Answer | Asked in Estate Planning for New York on
Q: what can a co-trustee expect to receive for administering an estate worth 4,000,000. Thanks
Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 8, 2020

Trustees are different from Administrators or Executors of estates. Trustees of trusts get an annual commission. Administrators and Executors are not paid annually. There is a schedule of fees under the law. The answer to your question depends upon whether this is a trust or an estate.

2 Answers | Asked in Estate Planning for New York on
Q: I want my son to inherit my second home. If I put property in living trust will that protect it from his wife. thanks
Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 8, 2020

Yes. But the Revocable living trust should provide for a lifetime asset protection trust to protect it from his wife, creditors and others.

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1 Answer | Asked in Estate Planning for New York on
Q: How do you get letter testmentary

Person died in north carolina and resided there 2 years

Property and residence in new york 80 years

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 5, 2020

You must first petition the court in North Carolina. Once you are given the power to administer the estate there, you would apply for ancillary letters to be given the power to sell or transfer property in New York. If most of the property is in New York, you should speak to a New York attorney... Read more »

3 Answers | Asked in Estate Planning and Family Law for New York on
Q: Do I add child support settlement in a will or will the state continue to collect and pay to my estate?

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... Read more »

Howard E. Knispel
Howard E. Knispel 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... Read more »

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1 Answer | Asked in Estate Planning and Probate for New York on
Q: How can a beneficiary prove his or her identity for a death benefit when his or her name/marital status is wrong?

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.... Read more »

Michael David Siegel
Michael David Siegel 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.

1 Answer | Asked in Estate Planning and Probate for New York on
Q: If a vehicle is used for personal use, but titled through their used car business, is it considered a personal vehicle?

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... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 1, 2020

The title governs. It goes with the business.

2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: Options needed to purchase house from parent.

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... Read more »

Elaine Shay
Elaine Shay 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... Read more »

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1 Answer | Asked in Estate Planning and Tax Law for New York on
Q: I have a hearing about a trust matter in Watkins Glen in October. I am a low-income senior, who is a 1/3 beneficiary.

I live in California. I would like to know if you could provide me with legal services?

Tim Akpinar
Tim Akpinar 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... Read more »

1 Answer | Asked in Estate Planning for New York on
Q: I am 70 and just learned they dna probably gave a 66 year old. I thought I was an only child and I inherited my fathers

Entire estate. He has been dead 30 years. I f he is my brother would he have a claim?

Michael David Siegel
Michael David Siegel answered on Aug 27, 2020

If the estate was done 30 years ago, no.

1 Answer | Asked in Estate Planning for New York on
Q: What does an estate power of attorney do? Can the will be changed without them knowing?

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?

Michael David Siegel
Michael David Siegel 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.

1 Answer | Asked in Estate Planning and Probate for New York on
Q: How do I obtain a vault search for a will that was stored in a New York Depository vault but not filed with Surrogate?

............

Michael David Siegel
Michael David Siegel 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.

3 Answers | Asked in Real Estate Law, Probate and Estate Planning for New York on
Q: Im being sued for my house that my parents gave to me in 2009 they had me take over the bills and signed a promissory

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... Read more »

Michael David Siegel
Michael David Siegel 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... Read more »

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2 Answers | Asked in Estate Planning and Probate for New York on
Q: As 1 of 3 exec's dads will probate acct closes tues. If I write to lawyer does he have to answer my ?'s . No call back

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... Read more »

Michael David Siegel
Michael David Siegel 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.

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3 Answers | Asked in Estate Planning for New York on
Q: Trust was not properly notarized, is it valid?

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... Read more »

Benjamin Z. Katz
Benjamin Z. Katz 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.

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