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New York Estate Planning Questions & Answers

1 Answer | Asked in Estate Planning and Landlord - Tenant for New York on

Q: I'm a tenant in NY state. How long does it take to evict a tenant when owner is selling the house (and is family)?

My aunt has recently taken over my grandmother's finances. She has had many issues with my father and is not a nice person. She sent my family and I a letter stating once my grandmother passes, she will have control of the house and we will have 60 days to get out. We have been paying rent for 15... Read more »

Elaine Shay answered on Aug 24, 2019

Unless you are a rent-regulated tenant or have the protection of an unexpired lease, the owner of a property (or the owner's representative) has the ability to commence a holdover proceeding to recover possession of the rental unit after giving the tenant Notice of Termination. In the case of a... Read more »

2 Answers | Asked in Estate Planning for New York on

Q: Hi , My grandmother passed away and left me stocks in her Will. The lawyer told us the money from the stocks that were

sold need to stay in escrow for a year ? Is that common ? Just trying to find out why it will take a year to get the funds

Thanks

Michael David Siegel answered on Aug 20, 2019

No it is not common. You should get a distribution.

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1 Answer | Asked in Estate Planning for New York on

Q: I understand that it is a receipt and release acknowledgement but why do we have to wait for all siblings to sign?

Another Question from estate finally being settled after 7 years. Just wondering why we can’t receive our check if we agree to the amount? Why do we need to wait for siblings to sign?

Michael David Siegel answered on Aug 13, 2019

Because if one of them has a claim and refuses to waive it, and then the claim is valid, there would need to be an adjustment of the amount paid to everyone.

2 Answers | Asked in Estate Planning for New York on

Q: Is it protocol for all the siblings to have to turn in their notarized letter before you can receive your check?

Estate was finally settled after 7 years. We received a letter stating the sum of what each sibling will get but before we can get check all siblings have to return notarized letter? Is this protocol?

Michael David Siegel answered on Aug 13, 2019

Yes. The document is called a Receipt and Release, and basically, you agree to take the amount promised in exchange for waiving all claims.

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for New York on

Q: Who's job is it to get the property deed and change the title, my lawyer, the probate lawyer or the sole heir/executor?

I couldn't find the house deed. My lawyer's P.L. said they could for $500. I eventually paid $10 for an official copy at town hall. I'm still not sure how to change the title, I don't understand the included instructions. My lawyer said he could help. I've paid them approx $9-12K for both our wills... Read more »

Nina Whitehurst answered on Aug 12, 2019

There is no way any attorney in this forum can answer your question without reviewing your various engagement letters with your NY attorney because the answer depends entirely on the scope of those engagements and the fees quoted.

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3 Answers | Asked in Estate Planning, Tax Law, Elder Law and Probate for New York on

Q: The IRS sent a notice of unclaimed 2017 refund + demand to file 2018 for a now dead person. Do I still need to file?

I'm the executor of Mother's estate + not in good shape to tackle this or pay to have it done. She died on Nov 4, 2018. I would say it's very unlikely she'd owed taxes, considering expenses from her long illness from Mar 2018 till her Nov 2018 death; all her MDW's were made on IRA's, etc. and she... Read more »

D. Mathew Blackburn answered on Aug 12, 2019

You should file 2018 and mark deceased and put the date of death. Without a deceased return the IRS can't know she died.

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3 Answers | Asked in Estate Planning and Probate for New York on

Q: my late husband and his father set up the irrevocable trust whereas my husband acted as a trustee.

We are still married, and we have two minor kids in a marriage. Do my kids have right for share of this trust?

Benjamin Z. Katz answered on Jul 28, 2019

The trust generally spells out what happens when the maker passes away. I assume you father in law was the maker and your husband was the trustee. If no successor trustee is named in the trust, a petition will need to be brought in Court to appoint a trustee. If your kids are not beneficiaries of... Read more »

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2 Answers | Asked in Estate Planning for New York on

Q: How long does it take to get a letter of administration from the time you submit?

Benjamin Z. Katz answered on Jul 27, 2019

If there are no issues that might delay the issuance, it is usually about a month from the time of petition to issuance of Letters of Administration.

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2 Answers | Asked in Estate Planning for New York on

Q: How to determine value of probate property that will be inherited instead of sold? The will stipulates 50/50 division.

one Child is inheriting an apt building and the other is inheriting the parcel of land. How do you determine value of the properties to be able to split value 50/50 as will stipulates?

Has an assessed value been used over an appraisal?

Benjamin Z. Katz answered on Jul 24, 2019

The fastest and easiest way is to have an appraisal done of the apt building and parcel.

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1 Answer | Asked in Estate Planning and Real Estate Law for New York on

Q: I am the estate administrator in Florida but not yet in NYC. Can i sell a house or enter sale contract in NYC?

I am the estate administrator in Florida but not yet in NYC (filed but still going to take time). Can i sell a house or enter sale contract in NYC?

Michael David Siegel answered on Jul 24, 2019

You can start the process. To close your ancillary letters will need to be issued. The title company will require it. Just make sure the contract accounts for this issue.

1 Answer | Asked in Estate Planning and Probate for New York on

Q: Can a family member have the right to deny inheritance because of a adoption stating that you are not a member

Or a hier to the family. He has been telling my other cousins that me and my sister have no claim because we were adopted. And this uncle is my so called Godfather

Lawrence Allen Weinreich answered on Jul 22, 2019

Unfortunately, adoption or not, a person has the legal right to leave his estate to whomever he wishes. The only limitation is that if the testator is married, in New York, a certain percentage of the estate must be left to the wife.

2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Intellectual Property for New York on

Q: If there are 2 owners on a house and only one is paying the taxes how do you get a receipt in that 1 persons name ?

In my mother's name a grandparent had left money for me to purchase a home or use for college once I was of age . My mother had withdrawn the money once we found our small home and my father had convinced me to put his name on the home in case of any accidents or lawsuits . 3 years later the story... Read more »

Benjamin Z. Katz answered on Jul 18, 2019

You should get in touch with the County Assessor. However, I believe that whoever is listed on the Deed will be billed no matter who pays.

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2 Answers | Asked in Estate Planning for New York on

Q: My 86 Yr. old father inherited a $50,000 annuity and we need to decide what option to take the funds.

He has dementia and will be going into a nursing home shortly. One of the available options is to annuitize for 5-30 years. If we choose 30 years, will it be protected from Medicaid?

Michael David Siegel answered on Jul 12, 2019

Do a supplemental needs trust. We charge $1750. It will protect it from Medicaid.

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1 Answer | Asked in Estate Planning for New York on

Q: Can I sue my mother for lying to me about my name on the deed to home in order to get me to move in with her?

My name was added to the deed to family home in 2009, mother has lifetime tenancy. She told me repeatedly that it was my house, even crying in order to get me to move in to remove troublesome family members whom she had allowed to stay in house while she was living with her boyfriend. After moving... Read more »

Benjamin Z. Katz answered on Jul 10, 2019

I don’t think you have sufficient grounds to sue your mother for lying.

When property is deeded to you that reserves a Life Estate, you receive some ownership rights. However, your mother has the right to live there. Since you are on the Deed, the property can’t be sold or transferred...
Read more »

1 Answer | Asked in Estate Planning for New York on

Q: I live in Staten Island NY and get letter from Jersey City court about Summons# TPT134746 Viol 39:3-33A. I never was NJ

My Last name not correct in letter. A am not drive in NJ , My car have NY state Plate.

Michael David Siegel answered on Jun 17, 2019

This could be a error or a sign of a serious issue of identity theft. Run your credit report and see what is there. Call the Jersey City court and see how they got your name.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for New York on

Q: My brother wants to take my dad to court to challenge him on ownership of him and my mother's house - is this possible?

My mom and my dad sold the house they owned together in NY and bought a house together (theyre both on the mortgage) in Florida in ~2013. My dad has never lived in the house, he stayed in New York with his mom. My parents separated but stayed legally married. My brother moved to FL with my mom. My... Read more »

Lawrence Allen Weinreich answered on Jun 14, 2019

Under NY law, I don't see that you have any case against your father. You can try to bring an action to be appointed the guardian of his property if he is incapable of making decisions, but that is a long process and if your father is able to make rational decisions you will loose. You can try... Read more »

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1 Answer | Asked in Estate Planning and Probate for New York on

Q: How long does a probate attorney need to wait to contact the heirs, taking into account the diciest didn't leave a will?

Michael David Siegel answered on Jun 14, 2019

Your question is confusing. Probate means a will. Heirs receive stuff, so their will is generally not relevant. "Diciest" is unclear. Without understanding the facts, contacting heirs is the first thing an attorney does when hired, so the answer is no time.

2 Answers | Asked in Estate Planning for New York on

Q: My legal-custodial parent which was my aunt died 13 years ago, has unclaimed funds, I am the only surviving child/kin

Her shady husband sold her house but he later died in 2014 (they were separated 30 yrs). She has unclaimed funds; am I able to claim due to her being my legal parent and only surviving child of hers, however, he has other children outside the marriage? she did not acknowledge his outside children... Read more »

Michael David Siegel answered on Jun 10, 2019

To get the funds, you need to open an estate proceeding. What kind depends on the amount. If the amount is small, it is not worth it. I am not sure of your status. Legal guardian is not a parent. You need to be adopted by a formal order to have a right to these funds. If alive, the husband... Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law, Elder Law and Municipal Law for New York on

Q: My husband's mother passed away and did not have a will. What will happen to her home? There is no mortgage owed.

The home is located in San Juan, PR. If there is no will, can my husband legally inherit the home? Or will it have to be sold? What happens then?

Elaine Shay answered on Jun 4, 2019

If your mother-in-law passed away while residing in New York State, your husband should be eligible to commence a proceeding to Surrogate's Court called an Administration. The share of the Estate your husband would be entitled to would depend upon whether his mother was married at the time that... Read more »

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1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Landlord - Tenant for New York on

Q: My father passed away and his house in Puerto Rico still has a tenant. She has been paying the same rent for almost

Over 15 years or so, I really don’t know. And the taxes are more than what she pays in rent. How h much can I raise the rent and when, etc. any info will help

Elaine Shay answered on Jun 4, 2019

Since the property is in Puerto Rico, your question would be better directed to an attorney admitted to practice in that jurisdiction.

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