Ask a Question

Get free answers to your Estate Planning legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New York Estate Planning Questions & Answers
2 Answers | Asked in Real Estate Law and Estate Planning for New York on
Q: How can my cousins in Maine gift me a piece of family land that is still in my great-great grandmother's name?

My cousin's father paid taxes on the land all of his adult life.

When he died, the town sent the bills to my cousins. They have been paying the taxes on the land for about 40 years.

They would like to gift the land to me, but title search shows the land still in my great-great... View More

Michael David Siegel
Michael David Siegel
answered on Dec 2, 2020

You need a Maine lawyer. If it goes back that many generations, the title issues might make this an impossible mess.

View More Answers

2 Answers | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for New York on
Q: Estate Law Question I am a beneficiary for two properties of my late relatives.

I am a beneficiary for two properties. One of the properties I currently live in and the deed is half in my name. The other half is in my late relatives name. The second property I am owed half from the sale of the administrator. No wills were left from my late relatives. I went to mediation and... View More

Victor M. Feraru
Victor M. Feraru
answered on Dec 1, 2020

Did you go at this along, representing yourself? I need a lot more information before I can give you a better answer. There are too many what if's.

View More Answers

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: My friend died and left me the house we lived in. I have the will and the death certificate. What do i do next?

Is there a time period in which this must be done?

Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2020

You must file a petition in Surrogates Court to be given power to probate the Will and administer the estate, which would include transferring the house.

View More Answers

2 Answers | Asked in Estate Planning for New York on
Q: Executor of an estate question

The person left no will

Gary Lane
Gary Lane
answered on Nov 24, 2020

If no Living Trust either, then you must go to probate court.

View More Answers

2 Answers | Asked in Estate Planning for New York on
Q: Executor refusing to reimburse beneficiary the property taxes he paid on behalf of the Estate

Under what NYS SCPA provision, can a beneficiary petition the Court to commence a proceeding against a fiduciary if the Executor refuses to refund property taxes that the beneficiary paid on behalf of the Estate? The testator directed that all his debts and administrative expenses be paid out of... View More

Michael David Siegel
Michael David Siegel
answered on Nov 24, 2020

The beneficiary would have to file a claim first, and then compel payment of it.

View More Answers

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Can the executor an the estate remove ALL items from the decedent's home without permission of the other beneficiaries?

The executor of the estate, who is also a beneficiary has removed "all" personal items of the decedent from the home. The executor was given the home in the will. The other two beneficiaries were not given an opportunity to go through any of their father's personal items, furniture,... View More

Gary Lane
Gary Lane
answered on Nov 23, 2020

Yes, they should sue. The Executor is not authorized on their own to do this. They should be communicating with the other beneficiaries. Yes, this certainly could be grounds to have them removed and replaced.

2 Answers | Asked in Traffic Tickets and Estate Planning for New York on
Q: Was issued a speeding ticket while in city employee uniform & showed bandg. I work in the security deptmt of the MTA

Can I get the ticket dismissed as a city employee?

Tim Akpinar
Tim Akpinar
answered on Nov 23, 2020

It could be worth discussing in more detail with an experienced traffic ticket attorney. Overall, there is a high level of positive sentiment and appreciation toward public transportation employees because of the risks they face in providing all of us with vital services 24/7 and keeping the City... View More

View More Answers

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: Title company found my moms maiden name on the title and she has since passed but I’m trying to sell it, what can I do?

My mom passed over a year ago and we had the deed set up as joint tenants with right of survivorship. The title company just notified me there is no evidence of her passing since she was married and her death certificate states my step dads last name. Is there any way to avoid probate and prove to... View More

Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 19, 2020

A copy of the marriage certificate should be sufficient proof of the name change. This would require communication with the title company to determine what else is concerning it.

3 Answers | Asked in Estate Planning, Probate and Real Estate Law for New York on
Q: If the owner of life estate deed dies. Does the beneficiary need to go thru probate to sell the property?
Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 13, 2020

When a life tenant dies, the owner of the property has full rights. In other words if a property is deeded to A, reserving a life estate for B, when B dies, A has full rights to transfer or sell.

View More Answers

1 Answer | Asked in Estate Planning and Probate for New York on
Q: statute on probate to heirs garnishment of wages nyc

lone parent passed away own home . no will 5 children . now 1 sibling is being threatened with garnishment of income due to outstanding 100k med bill. instead of placing lien on home. is this a normal ,legal procedure?

Michael David Siegel
Michael David Siegel
answered on Nov 10, 2020

No. They must have signed hospital papers as responsible party. You are right. It is for the estate to pay, if anyone.

1 Answer | Asked in Estate Planning for New York on
Q: I am both non-domiciled and a non-resident of CT but wish to make a will applying CT law. Is this possible ?

CT is not my home nor do I intend to make it my home. Nevertheless, its laws, as told by a friend, are well suited to my purpose.

Michael David Siegel
Michael David Siegel
answered on Oct 26, 2020

I am not aware of any CT law that is unique in estate planning the way corporations use Delaware law for certain purposes. As you have not stated your purpose, no one could answer your question. The short answer is a will is probated in the court where you reside when you die. So, if you are a... View More

1 Answer | Asked in Estate Planning for New York on
Q: Have trust XYZ living trust Have 4 LLC's single mem. hold title to different real estate- Can u Xfer the LLC to trust?
Michael David Siegel
Michael David Siegel
answered on Oct 23, 2020

Short answer, yes. Long answer, this may not be the best estate planning if the values are high enough.

3 Answers | Asked in Estate Planning and Probate for New York on
Q: is This legal for my dad to keep property and change ownership and then take out loans on houses in my moms sole name?

My dad the administrater changed the deeds ownership somehow to his own when my mom died intestate, she’s the sole owner of the properties. He said he is continually keeping rents from said properties when he dies maybe we will get our inheritance from them. There are 7 children. Nobody agreed... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Oct 21, 2020

To deal with this you need to start a process in Surrogate's Court. An executor will be appointed and then your mothers property would be distributed according to the law Office cause there is no will.

View More Answers

2 Answers | Asked in Estate Planning and Landlord - Tenant for New York on
Q: My mother just died and has 6 months left on her lease. Are we liable for the rent if the landlord rents to someone else

We just wanted to know if it's in our best interests to vacate as soon as possible. I assume the landlord will get a much higher rent since it's rent stabilized. Can the landlord charge double rent, i.e., to my mom's estate and to the new tenant? I don't think so, but just thought i'd confirm.

Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2020

No. The landlord can only recover lost rent. If he rents it out it is not lost.

View More Answers

1 Answer | Asked in Real Estate Law, Elder Law, Estate Planning and Probate for New York on
Q: Daughter has POA for mom, brother has letter of administration for same property. How do we sell home in NYC?

If we do find a buyer, are 2 different checks cut...one in my decease dad’s name and one in my living mother’s name? Please reply only if you are familiar with NY state laws. My POA is for my mom who is still living. The letter of administration is for my deceased father.

Vincent Gallo
Vincent Gallo
answered on Oct 17, 2020

A power of attorney ceases to have any effect upon the death of the person granting the power of attorney.

3 Answers | Asked in Copyright, Estate Planning, Intellectual Property and Probate for New York on
Q: If I wanted to publish my dead grandpa's written songs (he had no will), could his children sue me for the rights?

He died 20 years ago, he had no will. He had 3 daughters, including my mother, who are all still alive.

He was a singer/songwriter. Many of his songs were either typed on a typewriter or written in notebooks (only I have access to).

I want to publish his work, but I am afraid that... View More

Floyd Edwin Ivey
Floyd Edwin Ivey
answered on Oct 16, 2020

His songs were copyright property and, like everything else he had, passes to others by a will or, if no will, by state laws. Someone owns the property including the copyright songs. A granddaughter might have rights however, with a mother(wife?) and children, it is not likely.

Your use...
View More

View More Answers

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Can I file for a Letter of Administration for my mother's estate?

My mother passed away. She was married at the time of her passing. Then her husband passed away. Now I am in the process of filing for the 9/11 fund for my mothers passing. Because she was married at the time of her passing, do I have to find her husband's heir's? I would like to file for... View More

Elaine Shay
Elaine Shay
answered on Oct 16, 2020

You should still be able to file for Letters of Administration. However, if your mother's husband was living at the time your mother passed, his estate will still be entitled to a share of your mother's estate.

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Can I file for a Letter of Administration regarding my mother's Estate?

I am trying to apply for the 9/11 Fund for my deceased mother. I have been told that because she was married at the time of her passing her husband would be entitled. He has since passed away. My mother did not have a Will. They have no children together. If my mother's husband had any... View More

Michael David Siegel
Michael David Siegel
answered on Oct 14, 2020

You need to become the administrator of her estate. Who would get the money once collected by the estate depends on the family tree and times people died.

1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: Is an estate responsible for fixing a leaking roof that was pre-existing prior to the beneficiary signing the deed?

A home that is part of an estate has a leaking roof, as well as missing shingles, and a leaking chimney. The executor of the estate knew many weeks ago that the roof, and chimney had a leak when the home was appraised approximately 3 months prior. The executor did not share this information with... View More

Michael David Siegel
Michael David Siegel
answered on Oct 13, 2020

If this was a specific bequest, the estate is not responsible. You get what you get, as is. If it was a sale by the executor, the contract governs.

1 Answer | Asked in Estate Planning for New York on
Q: How to contest a will in NYS

Hi, Im in NYS. My father just passed away. He had dementia and his other children got him to change insurance beneficiary also had him created a will knowing he had dementia

Michael David Siegel
Michael David Siegel
answered on Oct 6, 2020

The burden of proof is on you. When you get the notice of probate for will, you need to object. You need to write insurance companies ASAP and say you intend to challenge that as well. Ask them to freeze the payments, or say you are going to sue as they accepted a beneficiary form from someone... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.