New York Estate Planning Questions & Answers

Q: Can you get out of stipulation in an irrevocable trust agreement. My grandfather put a stipulation that states i can not

1 Answer | Asked in Estate Planning for New York on
Answered on Apr 17, 2019
Michael David Siegel's answer
It depends on the terms of the trust to which you are referring.

Q: i inherited a house in brooklyn ny with my 2 siblings they have had apartments in the house for the past 50 years

1 Answer | Asked in Estate Planning for New York on
Answered on Apr 10, 2019
Michael David Siegel's answer
Only from the time you were on title. What you should do depends on what you want to happen to the house.

Q: trustee instructed by the will to create a special needs trust w/ trust document . Refuse/does a testamentary w/will

1 Answer | Asked in Criminal Law and Estate Planning for New York on
Answered on Mar 31, 2019
Michael David Siegel's answer
If your mother was competent, her documents will be enforced and whatever powers she gave your brother, fair or not, will be allowed.

Q: do i need a spousal consent for a TOD account in NY

1 Answer | Asked in Estate Planning for New York on
Answered on Mar 21, 2019
Michael David Siegel's answer
If it is a retirement account, like an IRA or 401K, yes.

Q: MY NEIGHBOR PUT A BRICK PILLAR FOR A DRIVEWAY GATE ENCROCHED 9 AND A HALF INCHES INTO MY PROPERTY ..HE NEVER PUT A

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for New York on
Answered on Mar 18, 2019
Elaine Shay's answer
It isn't clear what your question is but you are correct to be concerned about a possible adverse possession claim. There is a statute of limitations that can bar you from objecting to an encroachment on your property and by waiting before bringing an action against your neighbor you may lose your right to do so. The law does not protect those who sleep on their rights.

Q: Can a daughter of a pastors wife obtain a church with a durable power of attorney in New York?

1 Answer | Asked in Contracts, Estate Planning and Elder Law for New York on
Answered on Mar 14, 2019
Michael David Siegel's answer
No. If the church was a duly formed religious corporation, the bylaws of the corporation govern what happens to its assets.

Q: I am a disabled man on SSI. I am on Medicaid. I'm in rehab for a stroke in 5/18 I received a small inheritance

1 Answer | Asked in Estate Planning, Elder Law and Social Security for New York on
Answered on Feb 21, 2019
Michael David Siegel's answer
While technically this should be declared to Medicaid, it is too modest a sum for anyone to chase after you. Just deposit the check.

Q: Does a health care proxy have any legal power after the death of the patient?

1 Answer | Asked in Contracts, Estate Planning and Health Care Law for New York on
Answered on Feb 19, 2019
Michael David Siegel's answer
The health care proxy is not relevant to this question. A will governs, and if no will, next of kin governs. If your cousin is your aunt's daughter, she has the right to this issue.

Q: Good evening, My sister G lives in NYC and is being evicted from a coop bldg. She lived for over 20yrs with an old lady

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Adoption for New York on
Answered on Feb 13, 2019
Michael David Siegel's answer
S is the legal heir to the coop, but someone has to pay and S would need to be approved by the Board as an owner. Thus, there are issues to deal with but it is possible.

Q: I need to write a new will and have questions re power of attorney can 2 people be joint /dual power of attorney for

1 Answer | Asked in Estate Planning and Family Law for New York on
Answered on Feb 11, 2019
Michael David Siegel's answer
Two people can definitely be joint POA and the form has a box to check if the two must act together, so yes.

Q: My mother passed away. She lived in NY for almost 5 years before that in Maryland. Do I have to do public notices?

1 Answer | Asked in Estate Planning for New York on
Answered on Feb 10, 2019
Michael David Siegel's answer
No. There is no need for the will or probate. The accounts go to you, and the annuity, on presentation of the death certificate, will go to the beneficiaries. If there is nothing else, you are done.

Q: My father inherited a car from my uncle who died. He tried to get it titled and DMV came to house & police repossessed i

1 Answer | Asked in Civil Rights, Constitutional Law and Estate Planning for New York on
Answered on Feb 5, 2019
Michael David Siegel's answer
None. He never owned the car, and he knew it since he had no title.

Q: My father passed away over 20 years ago. It was recently discovered that he did not cash some of his pension checks

1 Answer | Asked in Estate Planning and Probate for New York on
Answered on Jan 10, 2019
Michael David Siegel's answer
The answer depends upon the amount involved, and whether the funds are held by the pension fund or have been sent to unclaimed funds at New York State.

Q: For a couple, one joint revocable trust or two separate trusts?

1 Answer | Asked in Estate Planning for New York on
Answered on Dec 9, 2018
Michael David Siegel's answer
One trust is allowed, but two is better.

Q: In the state of New York can a will direct assets to a revocable trust?

1 Answer | Asked in Estate Planning for New York on
Answered on Dec 7, 2018
Michael David Siegel's answer
The will can direct assets to the trust, which will become irrevocable on death.

Q: My aunt left no will, need to know what steps to take next?

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for New York on
Answered on Nov 26, 2018
Michael David Siegel's answer
If there is no will, your cousin inherits everything. You have no role here. What are you trying to do?

Q: Can someone that is not the next of kin create a trust and have the person with dementia and dying sign trust

1 Answer | Asked in Estate Planning and Wrongful Death for New York on
Answered on Nov 24, 2018
Michael David Siegel's answer
If the decedent was not competent to make the trust, a court proceeding can invalidate it.

Q: Do I need to address any debts or student loans in a will that I draft for myself?

1 Answer | Asked in Estate Planning for New York on
Answered on Nov 18, 2018
Michael David Siegel's answer
No. Generally a will follows the law, and says your executor should pay your debts in general.

Q: how long should estate atty take to meet w us after mother's death?

1 Answer | Asked in Estate Planning for New York on
Answered on Nov 4, 2018
Michael David Siegel's answer
An attorney should meet when you want. This is a service business. As to documents, it depends on what you paid him/her to do.

Q: can i be held accountable for a contract i did not sign? i am one half of an estate and other half signed

2 Answers | Asked in Real Estate Law, Estate Planning, Foreclosure and Probate for New York on
Answered on Oct 17, 2018
Michael David Siegel's answer
More details are required, including the actual contract. But it sounds like it is not binding.

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