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New York Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for New York on
Q: beneficiary question

will reads I leave my estate to my children, if any, who survive me in equal shares, per stirpes - have received two different answers for what this means - the first lawyer I talked with stated that the estate would be divided between the three alive children and then the fourth share would be... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Jun 7, 2021

Since it conditions it upon surviving the maker of the Will, it would be be divided among the living children with no share will be given to the children of any child not living at the time of the maker's death. Per stirpes is inconsistent with the "who survive me" wording. That... Read more »

3 Answers | Asked in Contracts, Estate Planning and Real Estate Law for New York on
Q: Can a failure of payment from a PA judgment be recorded as a lien in NY?

Judgement if lawyer fees from a contempt in custody. He hasn't paid anything and won't pay. After I get a judgement for contempt again, can the PA judgment be recorded against his house in NY?

Nina Whitehurst
Nina Whitehurst answered on Jun 3, 2021

Every state has a process for "domesticating" foreign judgements. It usually starts with obtaining a triple certified copy of the foreign judgement. A collection attorney in New York can help you with this.

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1 Answer | Asked in Estate Planning and Elder Law for New York on
Q: Can a attorney refuse to change a will.

My brother passed away and mom wants to take his name off the will. Her attorney refuse to do it

Nina Whitehurst
Nina Whitehurst answered on May 18, 2021

It is unclear whose will needs to be revised. If it is the will of a deceased person, it cannot be revised. If it is the will of a living person, the only person who can revise it is the living person, who can only revise it (with the assistance of an attorney recommended) if he or she still has... Read more »

1 Answer | Asked in Estate Planning for New York on
Q: All siblings were in parents will. Sibling was not owner of home, which was sold without my knowledge.
Michael David Siegel
Michael David Siegel answered on May 14, 2021

What did the will say would happen to the house? Who is the executor?

2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: Sibling sold family home without my knowledge. Queens N.Y.
Elaine Shay
Elaine Shay answered on May 14, 2021

What is your question? If your sibling owned the property, there is no requirement that family members be notified of an intended or actual sale.

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2 Answers | Asked in Estate Planning and Probate for New York on
Q: Can my brother change the locks on me and keep me from being inside our home?

My beloved father passed away in May of 2020 due to COVID and the house he owned was passed down to my two siblings and I. We all have a room full of personal items. We have all signed a document last year making my sister in charge I believe. I can’t quite remember exactly what the document was... Read more »

Elaine Shay
Elaine Shay answered on May 12, 2021

Although your question is limited to the items in your room, the real issue seems to be about control of the property your mother previously owned. If your mother died without a will, her New York real property passes to her heirs, which would be her children if she was not survived by her spouse.... Read more »

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1 Answer | Asked in Criminal Law and Estate Planning for New York on
Q: Hello gm I hope all is well . I wanted to no what can I do about me not being able to obtain certain jobs because record

because I have a record i don't have no felonies they are misdemeanors and happen when I was young but I can't even do a training class for home health aid because of this and I just would like to no what steps I can take to resovle this issue I been having with my record for years

Michael Arbeit
Michael Arbeit answered on May 10, 2021

In New York, You may be able to seal you criminal convictions pursuant to CPL 160.59. Consult with an experienced criminal defense attorney to see if you are eligible.

1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: What is meant by I leave my estate to my children, if any who survive me in equal shares per stirpes

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... Read more »

Nina Whitehurst
Nina Whitehurst 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.

1 Answer | Asked in Estate Planning for New York on
Q: Can an Irrevocable Trust Trustee be changed if all parties agree? Does it take a consent modification or dissolution?

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.

Michael David Siegel
Michael David Siegel 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.

2 Answers | Asked in Estate Planning and Probate for New York on
Q: My uncle failed to probate his mothers will for his personal gain of use of her property and passed away 7 years later.

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.

Michael David Siegel
Michael David Siegel answered on Apr 5, 2021

The will governs the disposition. The uncle's estate would be surcharged for rent for the seven years.

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2 Answers | Asked in Estate Planning for New York on
Q: If I put all of our assets into a Medicaid Asset Protection Trust, do I still have any control over those assets?

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?

Benjamin Z. Katz
Benjamin Z. Katz 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,... Read more »

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1 Answer | Asked in Estate Planning for New York on
Q: A friend of mine bought me a new car before they passed away and the title is in my name only can it be taken by family
Benjamin Z. Katz
Benjamin Z. Katz 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.

1 Answer | Asked in Estate Planning for New York on
Q: My father was a beneficiary of an estate that was not settled prior to his death.

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... Read more »

Michael David Siegel
Michael David Siegel 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.

1 Answer | Asked in Estate Planning for New York on
Q: What rights to cash proceeds and assets of a discontinued synagogue does the congregation have?
Michael David Siegel
Michael David Siegel answered on Mar 6, 2021

None. That is why typically a merger with an existing congregation is done.

2 Answers | Asked in Estate Planning and Probate for New York on
Q: As trustee and executor and poa, Can I sell a piece of property in the family trust if it willed to a family member?

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... Read more »

Benjamin Z. Katz
Benjamin Z. Katz 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.

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1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: My father owns an apartment in PR. His girlfriend lives there 5 days a week and my father got her a membership.

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?

Elaine Shay
Elaine Shay 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.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for New York on
Q: My fiance and my dtr bought a house and the title is only on her name, can his older kids claim this house in future?

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?

Tim Akpinar
Tim Akpinar 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

2 Answers | Asked in Estate Planning for New York on
Q: My aunt passed away yesterday and she owns a house. She never married nor had children. The only living sibling is her

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

Benjamin Z. Katz
Benjamin Z. Katz 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... Read more »

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1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: Can I own a house in Puerto Rico but continue living in New York? or do I have to live in Puerto Rico part of the time?
Tim Akpinar
Tim Akpinar 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... Read more »

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