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New York Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning and Tax Law for New York on
Q: A parent has a trust with 2 beneficiaries. Give a house to one kid now and give half the value to the other.

A parent has a trust with 2 beneficiaries. We would like to move a house into a separate trust with only one beneficiary. So the house is being given to one child but the other should get half of the 2024 value somehow

Not sure the best way to do this so the other child gets half the 2024... View More

Nina Whitehurst
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answered on Aug 30, 2024

Giving the house to one beneficiary now could have many unintended negative consequences such as loss of step up in basis at the death of the gift giver and a hefty Medicaid penalty period assessed against the gift giver on account of the lifetime uncompensated transfer.

This is not the...
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1 Answer | Asked in Estate Planning for New York on
Q: Need help getting a title for a motorcycle that was registered in the 1970 but can’t be found in any system

Hello really weird question that no one has been able to figure out, but my girlfriend’s dad passed away and she is an only child who inherited everything and she is trying to give his motorcycle to her uncle/ his brother. There is no title for it and it’s showing that it’s not registered in... View More

Tim Akpinar
Tim Akpinar
answered on Jul 30, 2024

You're right; that is a tough one. The estate planning attorneys here would know best, but your question remains open for a week. In terms of registration, there probably wouldn't be any records that come up if the motorcycle was last registered in 1970, over fifty years ago. If there is... View More

1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: Hi ,I bought a home with my daughter and would like to add my husband name on the deed.

when I was buying my husband credit wasn't good,so I use my daughter's name and credit but it was my money used. I'm sick and would like to protect my husband just in case...

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 23, 2024

You will need to schedule a "mini-closing" where you (or your daughter) will need to deed the property from herself, to herself and your husband, as joint tenants (a technical legal term of ownership). Which particular form of ownership would work best requires a detailed review of your... View More

1 Answer | Asked in Estate Planning for New York on
Q: Does a will in New York need to be notarized
Benjamin Z. Katz
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answered on Jun 3, 2024

No. In New York, to be valid, the Will must be signed by the person making it in the presence of at least two disinterested witnesses. There is no requirement that the Maker's (Testator) signature be notarized. However, it is advisable that the two witnesses sign an affidavit at the time... View More

1 Answer | Asked in Estate Planning for New York on
Q: I am a Senior Citizen looking to get help to set up a Power of Attorney, Trust, and Medical Proxy.Can you help me?
Tim Akpinar
Tim Akpinar
answered on Apr 30, 2024

There are attorneys who can set up the things you list in your post. But it might be difficult for attorneys here to respond with offers of their services - the format here is limited to Q & A. You're going to need to reach out to attorneys. You could search attorneys on your own, you use... View More

2 Answers | Asked in Estate Planning and Family Law for New York on
Q: Are wills -- download forms printed from online legal?

We live in New York State

My husband (55) and I (62) would like to make a will, don't have time for a lawyer (leaving town).

Can we download a will from online (i.e.Rural Law Ctr NY provides template)

- print out

- have 2 unrelated people witness

- notarize

Thank you,

Howard E. Knispel
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Howard E. Knispel
answered on Apr 11, 2024

A will must be prepared and executed in an exact way. The witnesses have to know what they are witnessing. When I do a will signing it is a formal ceremony and I ask certain questions of the testator and witnesses. If you do it properly then it should be ok. If you make any mistakes the entire... View More

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2 Answers | Asked in Real Estate Law and Estate Planning for New York on
Q: My late father did not include me in his life estate. My mom is the life tenant and my brother is the remainderman.

My brother recently passed away, now it's just me and my mom. Is there any way for me to be added to the life estate?

Carl Nelson
Carl Nelson
answered on Apr 8, 2024

You may share in whatever interest your mother has if she conveys it (all or a share) to you, but she cannot convey more than she has; so her life tenancy would not extend beyond her lifetime. Upon her death your brother’s heirs or those named in his will if he had one (whether that includes you... View More

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3 Answers | Asked in Family Law, Probate and Estate Planning for New York on
Q: How can I find out if my deceased brother has any open bank accounts like savings or certificates of deposit?

I am my brother’s only living heir.

Bonnie Lawston
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Bonnie Lawston
answered on Apr 2, 2024

The best way is to run a social security search. However, if you were appointed as the fiduciary of his Estate you could contact the IRS and obtain a transcript to see what has been reported in the past, contact the local banks and other financial institutions and review all his records, bank... View More

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1 Answer | Asked in Estate Planning for New York on
Q: If I set up a Totten trust with the executor of my estate as the beneficiary of my various financial accounts can she,

upon my death use all the various funds to pay my heirs without her paying gift taxes. Thank you for your time and attention.

Nina Whitehurst
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answered on Mar 30, 2024

You are better off not naming any beneficiaries for any of your accounts and allow the executor of your will, after court appointment, to collect them and distribute them according to the provisions of your will. The problem with your proposed strategy is the person you meant to be your executor... View More

2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: My dad’s name was taken off the deed years ago. Is he still entitled to inherit if my Mom died years later w out a will

She asked him to take his name off the deed which she did in 1994. She passed in 2019. He was always responsible for the mortgage payments. This is in NY

Bonnie Lawston
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Bonnie Lawston
answered on Apr 2, 2024

If they are still legally married, he is entitled to his share as the spouse regardless of whether his name is on the asset or not. However, if his name is on the asset, it may change how and what percentage passes depending on the way title is held.

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2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: My dad’s name was taken off the deed years ago. Is he still entitled to inherit if my Mom died years later w out a will

She asked him to take his name off the deed which she did in 1994. She passed in 2019. He was always responsible for the mortgage payments. This is in NY

Elaine Shay
Elaine Shay
answered on Mar 22, 2024

A surviving spouse is entitled to inherit. The information provided by the NYS Unified Court System at this link should be helpful to you: https://www.nycourts.gov/courthelp/whensomeonedies/intestacy.shtml

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1 Answer | Asked in Estate Planning, Federal Crimes and Probate for New York on
Q: My inheritance was stolen from me My step father and my sister Forged My mother's will and lied how can I get it back

I was in jail at the time plus I am my mother's 1st son and favorite yet I didn't sign anything or agree to nothing they just took everything

I need help

James L. Arrasmith
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answered on Mar 13, 2024

I'm so sorry to hear about your situation. Dealing with a manipulated will and the loss of an inheritance is incredibly painful, especially while also grieving the loss of your mother. Here are some steps you could consider taking to try to rectify the situation and get back what is rightfully... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for New York on
Q: Mother died 20 yrs ago no will all children but 1 deceased but the in hospice. Condo board brought Public Administrator

In to take over granted 6 months. Can a family member get power of attorney to get condo back in Surrogate court for the child so nephews don't get evicted.

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 4, 2024

Without a will, all the children living when their mother passed away became the heirs of the real property. Any one of the adult children had the power to become the legal administrator of their mother's estate and transfer the deed from the decedent's estate to each sibling, as well as... View More

2 Answers | Asked in Probate, Estate Planning and Civil Litigation for New York on
Q: can a will/or unofficial will be contested by a non family member ?

can an court appointed admin of an estate pick and choose what to honor in a will/or unofficial will

Benjamin Z. Katz
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answered on Mar 4, 2024

An Executor appointed by the Court is a fiduciary of the estate. They are required to follow the directives set forth in the Will which has been validated by the Court. There is no such thing as an unofficial Will. A Will may be contested by non-family members. However, they must demonstrate... View More

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2 Answers | Asked in Probate, Estate Planning and Civil Litigation for New York on
Q: can a will/or unofficial will be contested by a non family member ?

can an court appointed admin of an estate pick and choose what to honor in a will/or unofficial will

Bonnie Lawston
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Bonnie Lawston
answered on Apr 2, 2024

The fiduciary must follow the terms of the Will, assuming it is admitted to probate. If someone has standing, even a non-family member, then they can contest the Will. They will have to timely contest the Will, file the appropriate Objections and comport to all Court rules and requirements.... View More

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1 Answer | Asked in Estate Planning and Probate for New York on
Q: What is a citation in a will? Its going to distributees. Will the distributee receive money? or is it just notifying?
T. Augustus Claus
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answered on Feb 15, 2024

In New York estate planning and probate, a citation in the context of a will is a legal notice issued by the court. This notice is sent to distributees (potential heirs and other interested parties) to inform them of the probate proceedings and to give them an opportunity to appear in court if they... View More

4 Answers | Asked in Estate Planning, Family Law, Health Care Law and Elder Law for New York on
Q: I’m looking for a legal method that would give me the proper authority to manage my parent's care? Is a healthcare proxy

Is a healthcare proxy sufficient or do I need more?

Benjamin Z. Katz
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answered on Feb 4, 2024

A Health Care Proxy would allow you to make health care decisions if your parents were unable to do so themselves. However, managing their care, paying expenses, and completing paperwork would require a Power of Attorney to be signed by your parents naming you as their agent. In both cases, your... View More

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4 Answers | Asked in Estate Planning, Family Law, Health Care Law and Elder Law for New York on
Q: I’m looking for a legal method that would give me the proper authority to manage my parent's care? Is a healthcare proxy

Is a healthcare proxy sufficient or do I need more?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 6, 2024

As my colleague correctly advised, a health care proxy will allow you to make medical decisions on behalf of your parents. If you wish to make other decisions on their behalf, they would need to sign a Power of Attorney form designating you as their agent (assuming they have capacity to understand... View More

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1 Answer | Asked in Estate Planning and Probate for New York on
Q: my mother passed away recently with a vehicle getting repaired at a dealership can i go pick up the car without paying?
James L. Arrasmith
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answered on Jan 13, 2024

I'm sorry for your loss. I hope you are coping with that psychologically.

As for picking up your late mother's vehicle from the dealership, here are a few key things to consider:

- The repair bill is likely still due and must be paid. The dealership provided a service and...
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1 Answer | Asked in Estate Planning, Family Law and Elder Law for New York on
Q: Is there a time limit that a will should be settled by an appointed executor?
Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

An executor is a fiduciary, which means that s/he has personal responsibility and liability for all assets and liabilities of the estate. However, the executor has no powers until obtaining letters testamentary or preliminary letters testamentary from the Surrogate's Court as a result of... View More

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