If you put property in an LLC where you are the only member, Medicaid would consider it your property. LLCs are useful for business purposes and limit liability.
An irrevocable trust transfers property out of your control. A properly prepared irrevocable trust can provide income to you... Read more »
His only brother died before him a week ago and left my uncle his property and assets. All his siblings are dead. Niece and nephew, the only surviving children of his siblings, want to know who has right to assets. The niece took care of my uncle prior to his death and has her name on his bank... Read more »
This is an estate question not Family Law. There are many variables here. One question is who passed first your uncle or his brother. If uncle died first his brother's estate may not come to your uncle - it depends on what the will says. In most cases, it would provide that if uncle died first,... Read more »
he has no will. can my sister make a claim to his estate
No. Your sister has no legal claim under NY law.
My father's eldest and last surviving brother, passed away in December of 2016, leaving behind a property & bank accounts, which have gone unclaimed. I helped my Dad find a Lawyer who, was paid a retainer of nearly $3000 but, did nothing for which he was paid -- in fact, he has ignored my phone... Read more »
As a first step, you could contact an attorney in Puerto Rico who handles Estate Matters. You could also repost your question under Puerto Rico (follow the link that says "Show More States.") There are attorneys who practice in Puerto Rico who are active on this Q & A board. You could contact one... Read more »
Irrevocable trust was funded with assets 6 years ago.
Likely not. That is the point of such a trust.
If he was a resident of Puerto Rico and left a Will, it will need to be probated in Puerto Rico. If he left it to you some other way there may be other ways to deal with it.
Real estate is transferred using a document of conveyance called a deed. However, there are a variety of types of deeds, and the choice is not always obvious. I do not ever recommend using quitclaim deeds because of issues with insurability. That leaves possibly a warranty deed or a special... Read more »
Or married but separated on the death certificate worksheet ?
Just married. Separated means a separation agreement.
Your kids pay no estate tax. Your exemption will more than cover $850,000.
We where never married, we had 2 children together. He has other kids from 2 different women. One never allowed him to see his child but is claiming money
If he owned the property he must have a deed. I assume you mean he does not have a will. Was he married at the time of his death? An estate action must be filed for intestate succession to determine the inheritence rights. Depending upon where he died, someone need to file the papers there and in... Read more »
My father has a will he created by Legal Zoom, when living in NY. He passed away while residing in NC. As I was named the executor, I met with the county clerks office to begin handling his affairs. I was told that NC requires the last 2 pages of the will (notary & witness pages) to be notarized.... Read more »
The is no requirement for a notary to be involved in a Will at all in New York. Estate Powers and Trusts Law (EPTL) 3-2.1 requires the signature of the person signing the Will and two witnesses. None of those signatures need to be notarized.
Many times witnesses are asked to sign a... Read more »
Mother now suing me for return of the home Breach of contract.
Opinion? Mother said this agreement was made in front of her lawyer
Lawyer who handled deed transfer saying no promise to share home was made
You need to defend the case, but if the facts are as you say, you should win.
My father was declared brain dead on Jan 9th, and passed away on Jan 24th. His girlfriend has made 2 withdrawals using ATM, one of which weeks after death. The DA said that it's not illegal if he gave her permission; but, how can he give permission if dead? They are not married. He died intestate,... Read more »
Regardless of whether you are able to convince the DA to take action, the Estate can commence civil litigation to recover any funds wrongfully withdrawn.
The man never gave a nickel to help raise him. He didn't even bother coming to the funeral. He was 29 what can we do?
If you nephew didn’t leave a Will, the law of intestacy sets out the order of distribution. If he had no wife or children, parents would be next, even deadbeat ones. This is why it is important to have a plan. Of course, the father can waive his rights.
I am preparing my will and have a primary beneficiary, but I want to add as alternate beneficiaries, the children, biological foster and adopted children of my nephew and cousins.
There is no one “right” way. It all depends on your intentions. If a client of mine wanted to do that I would have to ask several more questions in order to develop the wording. If you want this done right obtain the assistance of an experienced estate planning attorney.
In case where someone died intestate with no spouse, no descendants at all, and no surviving siblings, parents, or grandparents, my understanding is that the next distributees to be considered are "issue of grandparents".
If one child of the grandparents is still living, and another child... Read more »
Estates, Powers &Trusts Law Section 4-1.1 states:
“6) One or more grandparents or the issue of grandparents (as hereinafter defined), and no spouse, issue, parent or issue of parents, one-half to the surviving grandparent or grandparents of one parental side, or if neither of them... Read more »
My father’s estate (death 2016) did not close yet because we had to sell his house, which we could not do until one month ago. But now, the estate lawyer is unresponsive to us. We want to know if I write a letter as the other heir denying need for accounting requests, can my brother, the... Read more »
You can close the estate without a lawyer, but you should probably consult one to make sure everything was done legally, so there are no problems. If everyone is in agreement on everything, closing the estate is simple.
I’m the guardian for her account until she’s 18
You may need to explain how this is a benefit for her and why it is necessary. Courts will generally deny large withdrawals from accounts for minors unless it makes sense.
My question is that recently I found out that he had a 401K and he did not have anyone listed as beneficiary since I am his only next of kin am I entitled to any of that 401K? I am sure that all his assets will go to probate and then a decision will be made. Thank you.
You need to file an administration proceeding. The amount of the 401k governs the type.
A friend passed away leaving his house to his son in a testamentary trust. The Will reads: “The trust shall terminate upon my son attaining the age of 40”. His son is 52 so the Executrix/Trustee is transferring the property over to him. She refuses however to transfer the life insurance... Read more »
Based on your post, only the house is in trust. A designated beneficiary keeps the proceeds. If the designation is her alone and not her as trustee, she is doing the right thing.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
