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New York Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for New York on
Q: NY State probate question

A will in NY state gives the homestead to one heir and the contents to another. During the probate process, who is legally responsible for paying bills associated with the property?

Elaine Shay
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Elaine Shay
answered on Jan 28, 2023

The expenses of the estate are paid from Estate assets. The expenses associated with the property before it is transferred to the beneficiary are generally the Estate's responsiblity and not those of an individual beneficiary. The language of the Will may provide more guidance.

1 Answer | Asked in Estate Planning for New York on
Q: Hello. Setting up trust for our 4 adult kids- is it wise to gather & discuss details with them before attorney consult

The estate will be in excess of $5 million.There's real estate, businesses, insurance, etc. We'd like the kids' input, and they are willing. We dread any infighting after we're gone. Recently family members have gone through torture. Any thoughts on how to best proceed? Thanks in advance.

Jack Mevorach
Jack Mevorach
answered on Jan 25, 2023

No. Consult with the attorney first and get an overview of what is available to you.

Jack

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: Are my sister & her husband obligated to share the proceeds of the sale of my late mother's home in New York State?

My elderly mother sold her house in 2019 to move a few miles so she'd be closer to my sister. My brother in law (a CPA) put the proceeds from the sale (>$100K) in a bank account in my nephew's name to hide the $ from the govt in case Mom went into a nursing home. He then bought a house... Read more »

Carl Nelson
Carl Nelson
answered on Jan 4, 2023

In the absence of some agreement regarding the proceeds of the sale of your mother's house, I generally agree with attorney Siegel. Based upon the fact pattern you described, your brother's house is your brother's house and your mother having lived there does not make it hers nor... Read more »

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1 Answer | Asked in Estate Planning and Probate for New York on
Q: My best friend just died and didn't leave a will. He was estranged from daughter who he didn't want to have his things.

His daughter has already taking things from his house and said because they didn't talk for 5 years or more she said she is taking all his things to sell or bring to Florida. This includes his motorcycle he was leaving for his grandson. How do I stop this from happening

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 3, 2023

That is a real bummer, but when someone dies without a will, then state law determines who inherits. If your friend died unmarried but with one or more living children, typically the children inherit. Even though the daughter might not be strictly following the proper legal process, chances are... Read more »

1 Answer | Asked in Estate Planning for New York on
Q: An estate is divided between 2 sisters(25% +25%) the remaining 50% split amongst their 6 children. Both had 3 kids. Both

Are married. One sister dies in NY with no will. What happens to her share of the estate(25%) she had 3 kids and husband when she died. Thank you for your help

Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz
answered on Dec 19, 2022

Sister’s share becomes part of her estate. If she died without a Will, after certain property is exempted, the first $50,000 goes to the spouse and the rest gets split 50% to spouse and 50% to be split evenly by the children.

1 Answer | Asked in Estate Planning and Probate for New York on
Q: My husband's children say they want pictures and a few things of their mothers, (she is deceased) how should I proceed?
Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz
answered on Dec 13, 2022

The question you have presented does not appear to be a legal one. What reason do you have for withholding pictures of their deceased mother?

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Can a Medicaid recipient, whose brother dies, stipulate with a probate proponent to withdraw their objections?

My friend is a nursing home resident who has been receiving Medicaid to help pay for her care. Her brother passed away and his home health aide (HHA) has filed a purported will in a NY Surrogates Court. Its signing was not supervised by an attorney, no self-proving affidavit was completed, one of... Read more »

Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz
answered on Dec 11, 2022

Let me understand what you are asking. Your friend's brother passed away leaving, what may possibly be an invalid or fraudulent Will. It was submitted to the court by his health aide who, I assume, was named the Executor. Your friend objected to the aide's appointment. You want to now... Read more »

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Good morning I am looking for a small estate affidavit form and notarized document How can I get it and get help.

Can I get the form from your office?

Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz
answered on Dec 10, 2022

If you want the forms, they are available to the public at:

http://ww2.nycourts.gov/forms/surrogates/smallestate.shtml

You can find a notary fairly easily if you want to do it all yourself. Otherwise, many attorneys who practice in the area of probate and administration can prepare...
Read more »

2 Answers | Asked in Appeals / Appellate Law, Estate Planning and Probate for New York on
Q: Need ONLINE case studies RE: violation of NYS Public Policy regarding Beneficiary rights. time sensitive (appeal)

This info. needed asap.

Tim Akpinar
Tim Akpinar
answered on Dec 10, 2022

It could be difficult for attorneys to suggest general case law relevant to your given situation based on the brief description here. You could await a response, but given the short timelines for appeals, you could also consider reaching out to attorneys who practice in the area(s) of law involving... Read more »

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1 Answer | Asked in Estate Planning and Probate for New York on
Q: What if anything , can happen if one is compelled to produce a will that they do not possess, in the state of New York?
Michael David Siegel
Michael David Siegel
answered on Nov 9, 2022

You cannot produce something you do not have. You would need to respond to the petition with an appropriate response.

1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: My husband and I just got a copy of our house deed. We live in Buffalo New York area. Our deed states “tenants in common

With rights of survivorship.” We we’re not married when we bought the house but have since married. Should we change the deed to “husband and wife joint tenants with right of survivorship “ to avoid probate in the future. If one of us dies and the other wants to sell the house Or leave the... Read more »

Jason D. Jones
Jason D. Jones
answered on Nov 4, 2022

You must transfer the deed from tenants in common to joint tenants with rights of survivorship or tenants by the entirety to avoid probate. Feel free to contact me with me if you have further questions.

1 Answer | Asked in Estate Planning for New York on
Q: Should I sign a receipt and release form before receiving my inheritance?
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Nov 2, 2022

You will receive your inheritance a lot faster if you do and the estate will incur less expense if you do, which translates into more inheritance for you. If you have no reason to suspect wrongdoing on the part of the executor, then I would normally say yes. But if you suspect wrongdoing, then... Read more »

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Are LLC membership interests in New York have to go through probate when the member dies?

In New York, can you have Transfer On Death Beneficiary designation in the LLC Operating Agreement to avoid Probate of LLC membership interest?

Please note that the LLC holds Real Estate and I understand that real estate Cannot be transferred on Death in New York and New York only allows... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 28, 2022

Absolutely the operating agreement can provide for transfer on death to a specific person, which would avoid probate of that interest.

1 Answer | Asked in Estate Planning for New York on
Q: My daughter is in hospice care and her estranged husband took over the keys to her house and she wants to get in

to get belongings. I have POA but the police won't make him give the keys back. What should I do?

Michael David Siegel
Michael David Siegel
answered on Oct 27, 2022

Call a locksmith and break in. It is her house.

1 Answer | Asked in Probate and Estate Planning for New York on
Q: Can I file a complaint to a NY agency as a third party against an executor for the mishandling of an estate settlement?

The decedent passed in 2010 with a single townhouse as an asset. The executor (50% bene.) spent only four months trying to sell it and later rented in until 2018 when it was sold for $205K. The beneficiary (50% bene.) turned 21 in July 2022 and has just been informed (3 months later) that his... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 19, 2022

Short answer is no. Without an accounting proceeding how do you know there was wrongdoing? The expense of the accounting is borne by the estate off the top, not your son's half. And, if there was wrongdoing, the executor can be surcharged a penalty for the wrongdoing. Asking for an... Read more »

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Under what circumstances can one be compelled to produce a will in court in New York?

If a named executor is filing for probate ,can a named beneficiary compel production of the will

Michael David Siegel
Michael David Siegel
answered on Oct 5, 2022

Yes. There is a petition to do just that. Not a form per se, but a form.

1 Answer | Asked in Estate Planning for New York on
Q: need help with trust issue

i have been taking care of my mother which has dementia here at her house for last year,up until my sister put her in a home in florida 3 months ago..i have been getting emails stating that i need to vacate property within 3 months,and if i dont they will deduct $4000 month from my inheritance once... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Oct 3, 2022

This is not a Family Law question. Repost in the estates forum.

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Grandparents pass uncle is executor $ goe to my uncle aunt my brother&I Unclaimed prop. is out uncle w not claim can I?
Tim Akpinar
Tim Akpinar
answered on Oct 1, 2022

Your question may have gone unnoticed in the Family Law category. The nature of what you describe is closer to Probate and Estate Planning than Family Law. Although there's no guarantee that all questions are picked up, you might have better chances of a response under the Probate and Estate... Read more »

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Should I sign a “receipt, release and waiver” prior to receiving the funds? (NYS)

I got a letter asking me to sign and have notarized a “Receipt, Release and Waiver” saying I received distribution from my mom’s estate. If I’m reading the legalese correctly, it also releases the executor from any liability. The letter instructs me to send this to the lawyer’s office to... Read more »

Michael David Siegel
Michael David Siegel
answered on Sep 26, 2022

It is standard. When you return it, say it is in escrow pending transmittal of the funds.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for New York on
Q: How do i get my name added to a deed. In Orange County NY

I am the administrator of my father's estate. My stepmother who predeceased him took out a mortgage in her name only. I cannot get any information on the loan until i get my name added to the deed. What is the quickest way for me to get this done. This information is needed urgently.

Tim Akpinar
Tim Akpinar
answered on Sep 21, 2022

You may be better off reposting under the "Real Estate" category. I'm sorry your question remains open for two weeks, given the urgency of the matter. It was probably overlooked under the "Government Contracts" heading. Some questions do go unanswered on this forum, but you... Read more »

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