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I am dealing with a situation involving my late daughter's 401k. She passed away unexpectedly in 2022 without a will, leaving a 401k account worth over $50,000 held by an insurance company. Her 401k did not list a beneficiary, although she had a minor child, now 16 and attending a private high... View 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
I am dealing with a situation involving my late daughter's 401k. She passed away unexpectedly in 2022 without a will, leaving a 401k account worth over $50,000 held by an insurance company. Her 401k did not list a beneficiary, although she had a minor child, now 16 and attending a private high... View 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
In September 2004, my brother invited my family to live in my father's house to help care for him post-hip surgery and avoid assisted living. I moved in with my husband and our two children, then aged 4 and 6. Over time, my brother misused his power of attorney status, attempting to control... View 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
I was born in Bronx, NYC, in 1988 and adopted in 1994. My current birth certificate has my first name in all caps, and my last name has three asterisks after it. My social security number seems to be from South Carolina. I’m concerned about whether this is legal and if I might have two... View 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
I'm concerned about my grandmother's will. I received a letter from a law firm at her address under my maiden name, mentioning the will. I was her only grandchild for 13 years, and I have her only great-grandchildren. My aunts claim that everything was left to them, but they're... View 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
I am transferring the ownership of a jointly owned home to a trust via a warranty deed. The home was previously owned jointly with my deceased spouse, and their interest was transferred to me as outlined in the will. Do I need to include my deceased spouse as a current owner on the deed for this... View 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
My mother passed away unexpectedly in Staten Island, New York. She had a checking account with her sister-in-law. I am her daughter and the executor of her estate, which includes only her house. I paid for her funeral expenses. There were no arrangements made regarding her debt. Should the money in... View 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
In 2013, I drafted a handwritten will for my mother based on what she dictated, and she signed it without any witnesses. She was of sound mind when she signed it. However, it is not truly a holographic will since I wrote it, not her. My mother passed away in September of 2014. Under New York law,... View 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
I am looking to obtain a general Power of Attorney for my mother, who is currently in a nursing home in New York and wishes to give me this authority. She is still capable of making her own decisions. What steps should we take to set this up, and whom should we contact to ensure everything is... View More

answered on May 2, 2025
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
I live with my mom and her husband in a residential property that my mom has verbally declared belongs to me should anything happen to her. However, I am concerned about her husband possibly evicting me and renting out the house for his own benefit, especially if he considers placing her in a... View More

answered on Apr 23, 2025
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
I am seeking to change my power of attorney from my husband, whom I am divorcing, to my daughter, who oversees my healthcare. I have been diagnosed with Bipolar disorder, and my daughter has been instrumental in managing my medications, which has helped me avoid hospitalization. My daughter... View 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
I have two separate properties under the same revocable trust, and currently, one of the properties has an EIN. Can I use the same EIN for both properties within the trust? What would the tax benefits of this be, and are separate EINs necessary for each property?

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
I am currently in the middle of divorce proceedings with my husband, who seems to be mentally incompetent. He was in a nursing home or rehab during our last court appearance 10 days ago and appears to be under heavy medication, possibly in Hospice. I am seeking medical information about his mental... View 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
My former wife, who recently passed away, wished to leave some money to a young lady she believed might be her granddaughter. The young lady is 21 years old, and my former wife wanted to confirm this relationship through a DNA test if the young lady is willing. No legal process has been started,... View 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
I live on Staten Island, NY, and my husband purchased our house before we married. His father's name is also on the deed because he helped with the down payment. We plan to create a will and trust to leave the house to the surviving spouse or our son if we both pass. My name is not on the... View More

answered on Mar 9, 2025
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
I have a question regarding the validity of a will in New York. There is a clause stating that "any power of appointment hereunder must be exercised by the creator's will, living trust, or other written instrument which, within ninety (90) days of the creator's death, must be either... View More

answered on Mar 9, 2025
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
I live on Staten Island, NY, and my husband purchased our house before we married. His father's name is also on the deed because he helped with the down payment. My husband and I plan to create a will and trust, intending to leave the house to the surviving spouse or to our son if we both... View 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
My father died by suicide a year ago, and the trust managing his home sold it, intending to divide the proceeds equally between me and my two siblings. Initially, I was told that my father left a note indicating his wish for me to have his truck—the place of his passing—and divide personal... View More

answered on Mar 3, 2025
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
I just got a provision of law 28-105.1 complaint requesting for corrective action. Due to alter my house without a permit. Can I ignore this request? Like I’m living it the house and I own the house would there be any future issues? The change was enclosing my front porch with walls for another... View More

answered on Feb 26, 2025
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 am concerned about Medicaid and asset protection regarding my grandmother's house. My grandmother is sickly and requires more care than I can provide. Her daughter wants to apply for Medicaid and get her on the assisted living waiting list. My grandmother's only major asset is her... View More

answered on Feb 19, 2025
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
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