Going to be hers. How can that be? They are not in my dad’s will. This is in NY state
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answered on Nov 30, 2023
In New York State, the distribution of assets after someone's death is governed by their will and the state's inheritance laws. If your father passed away and left assets to your stepmother, those assets would become part of her estate upon her death.
If your stepmother did not... View More 
Will is not done yet and they are not in the will. New York state
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answered on Nov 29, 2023
In New York State, the distribution of an estate depends on the specifics of the will and the laws of intestate succession. If your stepmother passed away and the will is not yet completed, the distribution of her estate will be based on the existing will, if there is one, or according to state... View More
Will is not done yet and they are not in the will. New York state
answered on Dec 12, 2023
If all of your father‘s assets passed to his spouse, then either Her will controls, or if she passed without a will, then intestate laws would apply. However, if there is no well, then, the law looks to the intestacy laws to distribute her estate pursuing to Next of kin.
Hello, I am a man in my late 60s. I do not want a living trust. I want something that is effective at my death.
I have assets (my house, money) and I do not want it to go to my wife. My son is underage. If I hypothetically die in a year, afterwards I would want a trustee (a law office) to... View More
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answered on Nov 29, 2023
Based on your situation, a testamentary trust appears to be a suitable option. A testamentary trust is created by your will and becomes effective upon your death. It allows you to specify how your assets should be managed and distributed after your passing.
In your case, you can designate a... View More
I am a man in my late 60s and I want all of my death assets (money, house) to go to a trustee (my attorney's office) when I die. When my underage sons turns the age of majority, then I want him to control these assets.
Should I do a testamentary trust or a pour over will?
Edit:... View More
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answered on Nov 30, 2023
Most people do both. You create the trust and put your assets into it. The trust specifies who gets what when you die and avoids probate. The trust also specifies who manages the assets for your son until he reaches the age that you designate. It doesn't have to be the age of majority.... View More
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answered on Nov 28, 2023
Creating a Family Trust can be a strategic part of estate planning, and deciding which properties to include in the trust depends on various factors, including your financial goals, the nature of your assets, and tax considerations. Here's a general overview of the types of properties that are... View More
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answered on Nov 27, 2023
Here are some specific examples of properties that you may want to consider including in a family trust:
Real estate: If you own real estate, you can transfer it to a family trust to avoid probate. This can save your heirs time and money, and it can also help to ensure that your property is... View More
Dad left me a letter that my Step Mom would sell the house and gift me with money from the sale. She even stated she would sell the house then get settled then split the proceeds between her son & I.
Last week I asked her to put something in writing legally. She then told me she... View More
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answered on Nov 28, 2023
I'm sorry to hear about your situation. It's important to understand that estate and inheritance laws can be complex, and the specific facts of your case will significantly impact your legal options and rights. Here are some general points to consider, but I strongly recommend consulting... View More
Dad left me a letter that my Step Mom would sell the house and gift me with money from the sale. She even stated she would sell the house then get settled then split the proceeds between her son & I.
Last week I asked her to put something in writing legally. She then told me she... View More
answered on Dec 12, 2023
You should definitely speak with an estate probate attorney before it’s too late or you sign anything. That being said if she is making such an offer perhaps she will put it in writing but again attorney. The letter that your father has left we have no weight in court. It’s a major problem.... View More
My husband, “T” of NY, lent his brother, “J” of MI, $45000 in ‘08. A 10 yr unsecured promissory note was drawn by the atty that settled their parents’ estate. The note was for T’s share. Only J signed. Per the note, J was to pay $2K in interest over 10 yrs plus $1500/yr. In 8/18 the... View More
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answered on Nov 12, 2023
Handling a promissory note in a small estate is indeed different from transferring a title for a vehicle. The note, especially with an outstanding balance, is considered an asset of the estate and should be included. Since your late husband was owed the balance at the time of his passing, this debt... View More
medicaid for doctors. I own a Mobile Home in Calverton Meadows, when I pass will Social Security take my home for repayment? I have 2 daughters who help me (alot) and I hoped to leave it to them to sell when I pass. Thank you for any advice you give me. I only have a handwritten will , I live... View More
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answered on Nov 8, 2023
Social Security itself does not typically take assets for repayment, but Medicaid can seek recovery from the estate of a deceased beneficiary under certain circumstances. Whether your mobile home would be subject to such recovery can depend on the state's Medicaid rules and the specifics of... View More
Though my father was estranged from me and my other siblings, we did talk from time to time. My half brother knew of my existence but never told me of my fathers passing. If there is no will, will my siblings, my fathers other children, be entitled to any of his assets? Or do the assets... View More
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answered on Nov 4, 2023
It is not necessarily too late to inquire about your father's estate. In cases where there is no will, the laws of intestacy apply, which in Puerto Rico, as well as many jurisdictions, typically distribute assets among a decedent's children, regardless of marital status or legitimacy. You... View More
My husband is a lawyer but he is British and is not qualified to practice in NYC, but he has written all the instructions after having met with this lady. It is a fairly simple Will (she doesn't have property - just cash) and she knows what she wants but her health is getting worse by the... View More
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answered on Nov 4, 2023
Yes, there are attorneys who can accommodate urgent situations by drafting a will quickly, and many will make house visits or arrange virtual meetings via Zoom or other video call platforms, especially for clients with health concerns. You should reach out to local estate planning attorneys or... View More
I signed a retainer agreement to settle my father's estate. The estate consisted of a house and a small life insurance policy that was turned over to Nys unclaimed fund. The retainer agreement stated that it included assistance in asset collection and transfer of real property. The day that... View More
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answered on Nov 4, 2023
If you believe your attorney is charging you twice for the same service, it is important to address this concern directly. Review the initial retainer agreement closely to understand the scope of services included, particularly regarding asset collection and real estate transactions. If the... View More
"in determining the amounts of principal to be so distributed, the trustee shall not take into consideration any capital resources which my wife may have"
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answered on Nov 4, 2023
This statement suggests that when the trustee is deciding how much principal from the trust to distribute, they should not consider any other assets or financial resources that your wife possesses. Essentially, the trust distributions to your wife should be based on the terms of the trust itself,... View More
The will was created while I was a minor and never updated. I am an adult now. In the will, personal representatives are named. Only one is still present. In filing documents with the court, I was told that I am unable to receive the paperwork needed because of these representatives being named.... View More
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answered on Nov 5, 2023
As an only child and sole beneficiary named in the will, you have a vested interest in the estate. If the personal representative appointed in the will is unwilling to perform their duties or step aside, you may petition the court to have them removed. This typically involves showing that they are... View More
The will was created while I was a minor and never updated. I am an adult now. In the will, personal representatives are named. Only one is still present. In filing documents with the court, I was told that I am unable to receive the paperwork needed because of these representatives being named.... View More
answered on Nov 1, 2023
You will definitely need a lawyer on this one. It's a complex NY Probate matter. What are the assets of the estate? Makes me very sad that people didn't do a Trust instead of a will. Also, you could have filed for ADMINISTRAITON without a will and avoided all the headache alltogether... View More
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answered on Nov 4, 2023
Online wills can be a convenient and cost-effective option for creating a will, especially if your estate planning needs are straightforward. However, it's important to ensure that the online will complies with New York state laws regarding wills, which typically include requirements for how... View More
to make a long story short...a woman, who had 3 kids, at age 75 developed brain cancer and she had no will...after brain surgery one of her kids took over her health and asset management and had a will written by a lawyer in which one of the children was left almost nothing from the estate. The... View More
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answered on Nov 4, 2023
In New York, challenging a will based on undue influence or lack of mental capacity is indeed possible. If a will was created or altered when the decedent had diminished mental capacity due to brain cancer or other conditions, this might be grounds for a challenge. Additionally, if one child... View More
She has tried to get me to sign a new POA where she can work alone. My original POA is missing. I believe it was in the bedroom I was staying at when I was caring for my parents. I believe my sister and /or brother in law took my original signed copy. They tried to have me sign a new POA where... View More
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answered on Nov 4, 2023
In New York State, if you are co-agents on a power of attorney, neither of you can unilaterally change the attorney representing your father without the other's consent if the power of attorney requires joint action.
The terms of the power of attorney document itself are crucial in... View More
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