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answered on Feb 27, 2020
Your kids pay no estate tax. Your exemption will more than cover $850,000.
We where never married, we had 2 children together. He has other kids from 2 different women. One never allowed him to see his child but is claiming money
answered on Feb 20, 2020
If he owned the property he must have a deed. I assume you mean he does not have a will. Was he married at the time of his death? An estate action must be filed for intestate succession to determine the inheritence rights. Depending upon where he died, someone need to file the papers there and in... View More 
My father has a will he created by Legal Zoom, when living in NY. He passed away while residing in NC. As I was named the executor, I met with the county clerks office to begin handling his affairs. I was told that NC requires the last 2 pages of the will (notary & witness pages) to be... View More
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answered on Feb 16, 2020
The is no requirement for a notary to be involved in a Will at all in New York. Estate Powers and Trusts Law (EPTL) 3-2.1 requires the signature of the person signing the Will and two witnesses. None of those signatures need to be notarized.
Many times witnesses are asked to sign a... View More
Mother now suing me for return of the home Breach of contract.
Opinion? Mother said this agreement was made in front of her lawyer
Lawyer who handled deed transfer saying no promise to share home was made
answered on Feb 14, 2020
You need to defend the case, but if the facts are as you say, you should win.
My father was declared brain dead on Jan 9th, and passed away on Jan 24th. His girlfriend has made 2 withdrawals using ATM, one of which weeks after death. The DA said that it's not illegal if he gave her permission; but, how can he give permission if dead? They are not married. He died... View More
answered on Feb 13, 2020
Regardless of whether you are able to convince the DA to take action, the Estate can commence civil litigation to recover any funds wrongfully withdrawn.
The man never gave a nickel to help raise him. He didn't even bother coming to the funeral. He was 29 what can we do?
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answered on Feb 10, 2020
If you nephew didn’t leave a Will, the law of intestacy sets out the order of distribution. If he had no wife or children, parents would be next, even deadbeat ones. This is why it is important to have a plan. Of course, the father can waive his rights.
I am preparing my will and have a primary beneficiary, but I want to add as alternate beneficiaries, the children, biological foster and adopted children of my nephew and cousins.
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answered on Feb 7, 2020
There is no one “right” way. It all depends on your intentions. If a client of mine wanted to do that I would have to ask several more questions in order to develop the wording. If you want this done right obtain the assistance of an experienced estate planning attorney.
In case where someone died intestate with no spouse, no descendants at all, and no surviving siblings, parents, or grandparents, my understanding is that the next distributees to be considered are "issue of grandparents".
If one child of the grandparents is still living, and... View More
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answered on Jan 24, 2020
Estates, Powers &Trusts Law Section 4-1.1 states:
“6) One or more grandparents or the issue of grandparents (as hereinafter defined), and no spouse, issue, parent or issue of parents, one-half to the surviving grandparent or grandparents of one parental side, or if neither of them... View More
My father’s estate (death 2016) did not close yet because we had to sell his house, which we could not do until one month ago. But now, the estate lawyer is unresponsive to us. We want to know if I write a letter as the other heir denying need for accounting requests, can my brother, the... View More
answered on Jan 20, 2020
You can close the estate without a lawyer, but you should probably consult one to make sure everything was done legally, so there are no problems. If everyone is in agreement on everything, closing the estate is simple.
I’m the guardian for her account until she’s 18
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answered on Jan 16, 2020
You may need to explain how this is a benefit for her and why it is necessary. Courts will generally deny large withdrawals from accounts for minors unless it makes sense.
My question is that recently I found out that he had a 401K and he did not have anyone listed as beneficiary since I am his only next of kin am I entitled to any of that 401K? I am sure that all his assets will go to probate and then a decision will be made. Thank you.
answered on Jan 15, 2020
You need to file an administration proceeding. The amount of the 401k governs the type.
A friend passed away leaving his house to his son in a testamentary trust. The Will reads: “The trust shall terminate upon my son attaining the age of 40”. His son is 52 so the Executrix/Trustee is transferring the property over to him. She refuses however to transfer the life insurance... View More
answered on Jan 8, 2020
Based on your post, only the house is in trust. A designated beneficiary keeps the proceeds. If the designation is her alone and not her as trustee, she is doing the right thing.
change all legal documentation, making himself a sole owner of all the houses, trusts, insurance policies, LLC’s, etc. He stole over $15 mil while my mom is still alive.
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answered on Jan 6, 2020
Your mom can sue him for breach of fiduciary duty, self dealing and fraud and void the transactions. However, I would need to know more to properly advise you. In any case, you and your mom should speak with an attorney.
I'm the executor of his will
answered on Jan 6, 2020
You need an attorney who practices in Surrogate Court
Multimillion estate. My mother and I are left with nothing. Please advise.
Thank you!
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answered on Jan 5, 2020
It is not clear what you are asking.
My father’s estate is very large. How can I recover the funds given to me by my father?
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answered on Dec 16, 2019
If you believe your mother breached her fiduciary duty, you can challenge her actions and seek to recover any losses.
Denied copies of any papers. And never notified about anything. What can I do in this situation?
answered on Dec 8, 2019
You can always get copies of any papers filed in court. You should also speak to an attorney about a will contest based upon what you are saying.
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answered on Dec 4, 2019
All objections must be in writing or the Surrogates Court won’t consider them. You should consult with an attorney to determine what arguments to make.
And a New York State is it true that somebody that has a felony cannot be the Executor of his estate
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answered on Nov 20, 2019
A Power of Attorney is not effective once the person dies. If there was a Will, once the Surrogate's court determines it is valid, Letters Testamentary will be issued to the Executor/Executrix. If there was no Will, Letters of Administration will be issued to the... View More
A trust was created for my benefit earlier this summer. A promissory note was given in trust to the trustees to be invested and utilized for specific purposes. The note transferred to the trustees is still currently in their possession. They have not performed the trust nor accounted as required... View More
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answered on Nov 15, 2019
A trustee has the duty to protect, collect and maximize the value of trust assets for the benefit of the beneficiaries, and intentionally destroying a trust asset would presumptively be a violation of that duty. However, it is possible that the note truly was uncollectible and it would cost the... View More
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