Get free answers to your Estate Planning legal questions from lawyers in your area.
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... View More 
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answered on Apr 28, 2021
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.
answered on Apr 23, 2021
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.
My father just found out he was beneficiary to half of the home. My father will probate the will, Is my uncles estate due the half share? There are no clauses in will regarding either heirs death when will is probated. No mention of their in-laws or estates. This is in NY.
answered on Apr 5, 2021
The will governs the disposition. The uncle's estate would be surcharged for rent for the seven years.
If our assets are in a Medical Asset Protection Trust, can I continue to pay bills, cash checks, control my personal corporation through which I work as a freelancer?
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answered on Apr 2, 2021
Bottom line ...no. Once an asset is in an irrevocable trust, which is what a MAPT is, you give up control of those assets. You may still be able to receive income from the trust, but you may not transfer, sell or use assets. You would appoint a trustee to control the assets. As for the corporation,... View More
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answered on Mar 28, 2021
If it was a gift, it’s yours. However, if the friend loaned you the money to buy the car and retained a lien or you signed a promissory note, the estate owns that debt.
My father was a beneficiary of an estate that was not settled prior to his death. After my father passed, we hired an attorney only to probate his will and assign an executor. Our attorney got involved with the attorney for the estate my father was a beneficiary of. We were told that we should not... View More
answered on Mar 18, 2021
You can request the checks be made a certain way, but if I were the lawyer for the first estate, I would insist that the check be made to the Estate of your father, and a release be signed by your father's executor. If you can get the lawyer to do otherwise, it is not illegal.
answered on Mar 6, 2021
None. That is why typically a merger with an existing congregation is done.
My mother who is sick and has Alzheimer’s has a condo in Florida that isn’t being used. We live in NY. It is in the family trust. It is willed to my estranged sister after mom passes. The maintenance fees are 400 a month plus taxes, and I would rather use that money towards her care or save... View More
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answered on Mar 5, 2021
As Trustee, you have the power to administer the trust and the assets contained in it. The Trust agreement will dictate what you can and cannot do. The Trust agreement would need to be reviewed before a proper opinion could be provided.
If my father passed away and the apartment is in a trust under my name and my sister could the girlfriend claim squatters rights or say we can’t kick her out?
answered on Feb 23, 2021
Since the laws for property rights vary from State to State (or Territory), a New York attorney cannot answer that question for you. Consider posting your question in the board for that area.
Loan as well as the title. After closing the title will be ONLY ON MY DAUGHTERS NAME
Will my fiance kids (all married) claim the house when hes not around anymore?
answered on Feb 20, 2021
You could repost and add Real Estate, Probate, and Estate Planning as categories - those areas of law are closer to the issues you raise than the Family Law category is. Not every question is picked up, but you could have better chances there. Good luck
Tim Akpinar
Brother (my dad). What is the process in regards to inheriting the house? I have her deed and she was the only person on there. This is in Puerto Rico
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answered on Feb 13, 2021
Normally, if she left a Will it would need to be probated. If no Will, an Administation proceeding would need to be brought in the county where she resided before death. The person petitioning may then need to make a second petition in Puerto Rico in order to have power there. It can be a complex... View More
answered on Jan 30, 2021
Your post remains open for four weeks. Not every question is ultimately answered on this board, but you could try reposting under Puerto Rico to seek legal insights from attorneys who practice in Puerto Rico, where the house is situated. If you still receive no response, you could reach out to... View More
Family member A has Family member B as beneficiary in their will. Family member A's financial advisor has Family member C as beneficiary. What entity take precedence upon death of Family member A's death?
answered on Jan 13, 2021
Generally, a Will only has power to dispose of assets owned by the decedent after death. Therefore, an asset such as an investment account that has specific instructions designating disposition of the asset upon death controls.
a bank Credit card in his name only, she has been paying the monthly payment since he died, Is she responsible for this card since he's passed and can she get all the money back she has paid since he died?
answered on Jan 12, 2021
I'm sorry for your friend's loss. It would be better if you or your friend posted this under Maine questions. Laws in certain areas could differ from state to state. There's no guarantee that all posts are picked up, but there could be better chances of a response there. You could... View More
My mother's will states that the estate will cover final expenses. I laid out the funds and my siblings reimbursed me their share of the cost. The estate has not reimbursed me for my share. (I have no idea if the estate paid them back). The attorney for the estate is trying to get me to... View More
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answered on Dec 27, 2020
If he is putting in writing that the estate is reimbursing you in exchange for a release, I don’t understand your hesitation. Do you believe you are owed anything more?
answered on Dec 23, 2020
Beneficiary of what? This question is too ambiguous to answer. Be more specific.
The widow does NOT pay for property taxes, property upkeep, home insurance etc. Nor will her estate benefit from a sale. The 2 step children are remainderman beneficiaries and the late husband always paid those bills, in the lifestyle she had been accustomed to for 30 years.
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answered on Dec 20, 2020
Utilities are normally included as part of maintenance.
I have an LLC that holds a Brooklyn residential property. I have an LLC that holds a South Carolina property. Let's say that a resident of the Brooklyn property sues me, receives a money judgment and exceeds the insurance payout. Would they be able to go after the equity in my LLC (that holds... View More
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answered on Dec 14, 2020
As long as you are operating the LLC as a distinct and separate entity, liability is limited to the assets of that LLC. To go after you personally or your assets, someone would have to show that you are not operating the LLC as a separate entity, that you are commingling funds and ignoring the... View More
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answered on Dec 14, 2020
Medicaid can look back 5 years when someone applies for institutional nursing care. That applies to transfers to individuals or trusts. Non-institutional care has no look back period right now but will have a 30 month look back starting next year.
answered on Dec 3, 2020
The Office of the Public Administrator. As there is nothing in it for you, no reason to get involved.
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