Benjamin Z. Katz Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2025

It is not clear from your description whether you are the Administrator and what function the court appointed attorney serves. If Letters of Administration have been issued to either you or someone else, that individual may petition the Surrogate's Court to establish a trust for your... View More

Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 7, 2025

I'm sorry you are navigating this at such a difficult time. Losing a child and handling their affairs afterward can feel overwhelming, especially when dealing with financial institutions and the legal system.

Under New York law, when someone passes away without a will and without a... View More

Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 1, 2025

I'm sorry you and your children are experiencing such a distressing and unstable situation. Being threatened with eviction, especially after standing up to abuse, can be overwhelming. In New York, your legal options will depend on the status of the property ownership, your current legal right... View More

Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2025

I'm so sorry you're dealing with this confusing and stressful situation. Questions about identity, adoption, and inheritance can be deeply personal and legally complex, especially when records appear inconsistent.

In New York, once an adoption is finalized, the adopted individual... View More

Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 7, 2025

I'm sorry you are dealing with uncertainty after your grandmother's passing. When there are unanswered questions about a will, it is understandable to want clarity while also trying to avoid family conflict.

In New York, once a will is submitted for probate in Surrogate’s Court,... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2025

Was his Will probated? If it was then you are the owner if Husband owned anything to convey. More than likely you take as the surviving spouse, not through the Will Devise. Whatever the case, apparently you are the owner and should convey the property to the Trustee of the Trust. Absolutely... View More

Benjamin Z. Katz Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2025

Joint bank accounts are considered property of the survivor. When your mother died, according to what you said, the joint bank account became the sole property of her sister-in-law. If you paid for her funeral, you are entitled to be reimbursed from estate assets. The bank account is not an estate... View More

Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2025

Under New York law, an unwitnessed will, such as the one you described, is generally not considered valid. New York requires that most wills be executed in a specific manner to be legally recognized. According to New York Estates, Powers, and Trusts Law (EPTL) § 3-2.1, a valid will must be:... View More

The least expensive way could be to buy a standard blank form and fill it in. Stationery stores located around courthouses sell them for two or three dollars. You could also find downloadable forms online that are similarly inexpensive. Add to that a nominal notary public fee. You could also go to... View More

Your mother could give you a lease. Your mother could put her ownership rights in the house in a Trust. She could do so by a Will. Her husband may not have a legal right to inherit if he is not a co-owner on the deed, but if she does nothing, he may very well inherit by intestate law. The verbal... View More

Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2025

I understand how important it is to have someone you trust managing your affairs, especially during a divorce and while addressing health needs. In New York, changing your power of attorney (POA) is a relatively straightforward process, even if you are in the middle of a divorce. As long as you are... View More

Benjamin Z. Katz Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2025

Properties do not have EINs. If the Trust is a revocable trust, you may use your SSN or my apply for, and receive, a separate EIN. When transferring properties to or from a Trust, the Trust must be identified by either a SSN or EIN on transfer documents. So, to answer your question, you must use... View More

Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2025

I understand that navigating a divorce while also dealing with your husband’s declining health and concerns about his mental capacity can be incredibly stressful. It’s even more difficult when significant financial assets have been spent and you’re unsure of your legal options moving forward.... View More

Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2025

I understand that you want to honor your former wife’s wishes and ensure that this young woman has the opportunity to confirm her potential relationship with her. Since there are no legal proceedings underway and your former wife did not leave a formal estate or legal documents outlining her... View More

Based on your description, a Will and a Trust are insufficient to ensure that the house goes to you (or your son) in the event that your husband dies.

Why? Because you described the house as being half owned by your Father in Law, and half owned by your husband. Your husband's will... View More

Your question involves a power of appointment clause, which can impact the validity and distribution of assets under a will. In New York probate law, this type of provision can be strictly interpreted, so if the power of appointment was not exercised or submitted for probate within 90 days, the... View More

Benjamin Z. Katz Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2025

If your father-in-law is on the deed, he has an ownership interest. If your husband and father are the only two owners and are listed on the deed as joint tenants, when one dies, the other gets 100% ownership. If they are not listed as joint tenants, each owns 50%. In that case, your husband may... View More

I’m very sorry for your loss. It’s understandable that you want to ensure your father’s wishes are honored, and it sounds like there are serious issues with how your siblings are handling the trust and estate distribution. Since you already signed off on them being co-administrators, you... View More

Eventually, DOB will issue another violation for failure to comply and enter a default money judgment because you ignored the summons and did not restore the porch to its original condition, obtain a permit, or amend the certificate of occupancy.... View More

I completely understand your concern—Medicaid rules can be tricky, and it’s important to plan ahead so you don’t run into issues later. Since your grandmother owns the house and may go on Medicaid for assisted living, there is a real possibility that Medicaid could place a lien on the home to... View More