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We have an irrevocable trust in New York state from 2012. This was created as part of a larger estate planning that included wills, health care proxies and two trusts. Everything else was properly notarized except this one trust. It is signed by the grantors, however where the grantors signed is... View More 
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answered on Aug 8, 2020
If the signature was not notarized or properly witnessed, the trust may be invalid. However, there are provisions in the law that may be used to correct deficiencies or allow for decanting into a new trust. You should have the trust agreement reviewed by an Estate Planning Attorney.
The two beneficiaries were coerced into signing their wills by the executor. If they did not sign the wills, the executor threatened to not allow a locksmith into the testator’s home to open their father’s safe.
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answered on Aug 5, 2020
Your question is a little off. The Will is signed only by the person making the Will (Testator).
When the Testator dies the named Executor petitions the Court for the power to carry out the provisions of the Will. If the spouse and heirs don’t agree that the Will is valid and don’t... View More
"When such beneficiary reaches the age of 24 years the principle then remaining and any accumulated income shall be paid over to the beneficiary." What does the above mean regarding the inheritance of a trust? ie. is this trust being passed on OUTRIGHT AND FREE OF TRUST?" Does the... View More
answered on Aug 5, 2020
First, this is not a "Family Law" question. It is an estates question. However, any lawyer would need to see the entire trust to interpret it. What you are describing appears to be a final distribution of an asset, meaning it would no longer be governed by the trust, but, ahgain, that is... View More
Children a waiver of bond to sign. None of us live inSC. Why is this needed? What happens if we don’t sign it?
answered on Jul 27, 2020
The bond is to protect all of the heirs if the administrator does wrong. Signing a waiver of bond will permit the administrator to proceed without a bond, thus without the heirs being protected. Bonds cost money and the waiver saves that cost, which comes out of the inheritance.
My father died more than 10 years ago, and we wish to remove his name from the deed and avoid future probate by including our names on the deed. My mother will retain ownership of her house, but we'd like to get our names on the deed. How would we define the "condition of conveyence"... View More
answered on Jul 27, 2020
I charge $500 plus the recording fees to do a deed. It would take less time to do it than explain it.
The husband had a stroke and is on disability. He wants to put his house, co-owned with wife , in an irrevocable trust for his children. He is then going to receive Medicaid to pay for his maintenance in an assisted living institution. Is the house protected from the liens or other governmental... View More
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answered on Jul 25, 2020
Yes. However, the law is scheduled to change shortly. Right now there is no look back period for Medicaid involving assisted living. After October 1, 2020 there will be a look back period. The transfer needs to be done quickly and properly.
Father passed away from Covid in April, he left a handwritten will which stated that my Uncle was the beneficiary of his bank account, and he was to distribute the money equally between My mother , my brother and myself. My father has left a business and since we trusted my uncle would do the right... View More
answered on Jul 24, 2020
This should be posted in the Estates and Trusts section. However, in general, since your father died in NY, NY has jurisdiction. In NY, a handwritten will is not usually legal. You would have to start a proceeding in the Surrogates court where your father resided. As part of that proceeding,... View More
We were asked to prove paternity. Our daughter is 27 yrs old we lived together 29 yrs hes on certificate.
answered on Jul 21, 2020
If your daughter is the only heir, then the birth certificate is usually enough. If the court appointed a guardian for unknown heirs or someone is challenging, then you may need more proof. As you did not state where you are in the proceedings, I cannot give better advice.
I am trying to find out how I get items in a safe deposit box appraised if I cannot remove the items?
Facts:
1) The owners of the box are me and my father, my father is deceased. The bank knows this.
2) The bank is in NY.
3) The items within the box are likely small... View More
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answered on Jul 17, 2020
If you are listed as a joint owner I don't understand why you are not being given access. However, I suggest that you file for a small estate for voluntary administration based upon the assets you are aware of. Once you are empowered by the Court, you can certainly get access to the safe... View More
would the will be still valid? he was single he has one half sister a nephew and a niece. who gets what of his estate?
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answered on Jul 16, 2020
You should ask an Alabama attorney. However, i suspect any changes made by hand will not be considered valid and may invalidate the whole document.
I live in Georgia and she lived in New York. I am the Executor of the will if appointed voluntary administrator is that all I need to carry out duties as Executor and will I be able to access banking info and have access to her apartment.
I am waiting to be reimbursed for the final expenses that I covered. The will stipulates that the estate will cover the costs. I paid the final expenses in April of 2019. My last correspondence with the attorney (about 6 weeks ago) was that because the decedent owned property in another country... View More
answered on Jul 9, 2020
You cannot see the returns. You can go to the court to see the file to see if the estate is closed. Did you file a claim? If so, you can petition to compel payment of it.
Wants to have a meeting and my husband wanted me to join him the attorney advise my husband that legally he can only meet with the 2 trustees of the trust no 3rd parties allowed my husband was wondering if this is true as he did want me to attend with him and he does not like or trust his moms... View More
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answered on Jun 15, 2020
If your husband and sister in law consent you can be allowed to attend. However, they must first understand how it impacts attorney-client privilege. I understand the attorney’s resistance but he should have explained it to your husband.
The trust divided her house into 4 ways. 1 of the beneficiaries has died leaving 3 of us left. 1 of the 3 is currently living in the home refuses to leave or settle the house affairs. I do not know how to obtain my piece of the house. I do not have money to hire a lawyer to settle this. The house... View More
answered on Jun 12, 2020
Who was appointed as the Trustee (administrator)? It is their job to distribute the assets. If they cannot do it voluntarily, as hoped, then their alternative is to file in Probate Court, to force the sale and distribution. They should hire an attorney if they are not one. The cost would come out... View More
The lawyer said the court is requiring my Dads death certificate in order to settle the first wife's estate...they were divorced in 1965 and she died in 2010
answered on Jun 11, 2020
Are you referring to a death certificate for your father? You have no legal obligation to provide this. You can ask for the cost of obtaining it to be reimbursed.
make a partial surrender of the policy to get money to pay my personal taxes. The trustees have agreed to this partial surrender . The insurance company has determined that the surrender is not a taxable event. What problems can I face legal or tax wise if i take the funds to pay my personal taxes.
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answered on Jun 5, 2020
There are many potential issues, not the least of which is your use of the assets in this trust as your personal piggy bank could cause the whole purpose of the trust to be derailed. There is a right way to do this and a wrong way. You should consult with the attorney who help you set this up.... View More
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answered on Jun 2, 2020
You would have to begin an Administration proceeding to be named as Administrator for your father's estate and then you could sue her on behalf of the estate.
answered on Jun 5, 2020
I agree that you should consult a lawyer before signing any document (not limited to the one mentioned) which can affect your rights as a beneficiary. Also, I would mention that if you don't sign, you will have a lot of time before any next step due to covid. The Surrogate's Court is... View More
my great aunt left a will naming nieces and nephews.
only my mother's immediate family - two brothers and sisters were in close contact and took active care of her. i.e shopping. hospitalizations from repeated falls, helping her walk and treating her infections.
the other... View More
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answered on May 24, 2020
Anti-lapse statute in NY allows children of named beneficiaries to receive gifts. Since the deceased beneficiaries died without children it doesn’t apply. Most properly drafted Will address that contingency. An attorney would have to see the Will to properly advise in this case.
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