What is a typical payment arrangement? I assume no payment is necessary until the agent actually begins carrying out his duties. Is the payment arrangement something that should be spelled out in the power of attorney document?
Do not use an attorney. No reason to spend that money. Anyone you trust who has reasonable acumen, can perform the task. If you wish to pay anyone, yes, be sue to spell it out.
an EIN/TAX ID and claimed estate under their own social security number for 26 years. What are the ramifications? Penalties? Do the beneficiaries have any recourse?
There is a lot more information needed to answer your questions. There may be tax issues, fraud issues, breaches of fiduciary duty and several other legal issues. If the property was sold, was the title company able to clear title or are they unable to do so? You will need to speak, in detail,... Read more »
an EIN/TIN number and claimed taxes under their personal SS Number for 26 years. What are the ramifications?
You would need to review with a lawyer/accountant. The answer is in the details.
Your attorney is right.
Before the will goes to probate, what is New York State law?
Those inheriting the house, but while in the name of the estate, the fiduciary needs to keep the beneficiary apprised of expense issues, and the transfer should be done ASAP upon probate.
B (NY, died in 2017) left her estate in a 1961 will to two sisters; A (NY) and M (FL). The two sisters predeceased B. Beneficiaries to A's estate are her two children (NY & MA). Living beneficiaries to M's estate are her & B's brother, P (CA), and a niece, M (FL).
The answer will depend on what the will says. If the will has no "back up" people to receive the inheritance if the people listed as first choice have passed away, the inheritance will likely go to B's heirs by law. You should make an appointment with a probate attorney and have the... Read more »
Living Trusts are not filed. You may do so if you choose, but most folks do not file (record) them but instead keep them private. Should you choose to record it, it is done as your local County Recorder's Office, where deeds are recorded.
It depends on the wording of a POA. An attorney cannot answer your question without reviewing the POA.
What recourse does one have if a supplemental needs trust was set up for someone who thought the beneficiary had SSI and not SSDI and the beneficiary doesn’t need the protection of the trust?
Can the supplemental needs trust be dissolved?
I've had a mental disorder since... Read more »
Your question cannot be answered without reviewing the supplemental needs trust. Some include provisions for early termination if no longer needed, such as the beneficiary is no longer receiving needs-based benefits, or if the amount held in trust has become too small to be managed efficiently, or... Read more »
In February 2021 my sibling asked me to sign a waiver of process consent to probate form. I didn't want to sign it. I asked for a copy of the will and was denied. She and her brother said if I don't sign it the court was going to take the house. She said my brother signed the same waiver... Read more »
It is very hard to revoke a consent. From the post you were not coerced. You just did not seek good legal advice.
will reads I leave my estate to my children, if any, who survive me in equal shares, per stirpes - have received two different answers for what this means - the first lawyer I talked with stated that the estate would be divided between the three alive children and then the fourth share would be... Read more »
Since it conditions it upon surviving the maker of the Will, it would be be divided among the living children with no share will be given to the children of any child not living at the time of the maker's death. Per stirpes is inconsistent with the "who survive me" wording. That... Read more »
Judgement if lawyer fees from a contempt in custody. He hasn't paid anything and won't pay. After I get a judgement for contempt again, can the PA judgment be recorded against his house in NY?
Every state has a process for "domesticating" foreign judgements. It usually starts with obtaining a triple certified copy of the foreign judgement. A collection attorney in New York can help you with this.
My brother passed away and mom wants to take his name off the will. Her attorney refuse to do it
It is unclear whose will needs to be revised. If it is the will of a deceased person, it cannot be revised. If it is the will of a living person, the only person who can revise it is the living person, who can only revise it (with the assistance of an attorney recommended) if he or she still has... Read more »
What did the will say would happen to the house? Who is the executor?
What is your question? If your sibling owned the property, there is no requirement that family members be notified of an intended or actual sale.
My beloved father passed away in May of 2020 due to COVID and the house he owned was passed down to my two siblings and I. We all have a room full of personal items. We have all signed a document last year making my sister in charge I believe. I can’t quite remember exactly what the document was... Read more »
Although your question is limited to the items in your room, the real issue seems to be about control of the property your mother previously owned. If your mother died without a will, her New York real property passes to her heirs, which would be her children if she was not survived by her spouse.... Read more »
because I have a record i don't have no felonies they are misdemeanors and happen when I was young but I can't even do a training class for home health aid because of this and I just would like to no what steps I can take to resovle this issue I been having with my record for years
In New York, You may be able to seal you criminal convictions pursuant to CPL 160.59. Consult with an experienced criminal defense attorney to see if you are eligible.
I can answer any questions you have.
My mother died and this is how her will read. Do the children of a deceased daughter then have a right to that daughters share or since the daughter predeceased the mother are they excluded. I have received different answers, since the will stated first to my children if any who survive me in... Read more »
It means that if a child of your mother predeceased your mother, then that child's children (your mother's grandchildren) inherit the deceased child's share.
I’d like to change my Trustee from my cousin to my son, all parties are in agreement but I have an irrevocable trust and am not sure if I can just modify it with a consent modification or if I need to dissolve the whole trust and start a new one. Please advise.
The terms of the trust are relevant, but generally, if all interested parties consent, you can amend it. There is a form for doing this. As it is a form, it is not very expensive.
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