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Background: House located in NYC/Kings County
Characters: Mother (deceased), father, self, brother, half-brother
Backstory: House purchased in 1974, In fathers name only. he is breadwinner, mother is homemaker. Mortgage paid off 1987. In 1988, father add mothers name to deed. in... View More 
answered on Oct 13, 2024
The father likely inherits as the surviving spouse but the language in the deed will govern it.
My dads ex girlfriend forged his will I have a lawyer, she used the website Eforms, she said he signed it 2021, the website says the NYS will was updated in May of 2024 but the company will not tell me what they exactly updated. I was thinking maybe it used to be that the witnesses could sign it... View More
answered on Oct 1, 2024
There's no way of knowing. Are you planning to contest the Will?
Jack
answered on Sep 5, 2024
Please arrange for your parents to have a one hour consultation with my office either in person, phone or video conference. The fee is $350 and must be paid in advance of the consultation and you may remit payment via the link below. Once you have done so, please call my office to schedule a time... View More
WE NEED A LAWYER TO GET INTO SAFTY DEPOSIT BOX TO SEE IF DEED TO PROPERTY IS THERE AND RETRIEVE MONEY AND JEWELRYAND SELL HOUSE-WE HAD THE WILL REGESTERED/CERTIFIED IN PR COURT-COVID CLOSED THE COURTS AND WE HAD TO LEAVE BEFORE AIRPORTS CLOSED-WE CAN NO LONGER TRAVEL WANT TO SELL THE HOUSE... View More
answered on Aug 30, 2024
Please email us the details and information at bonnielawstonesq@gmail.com.
631-425-7299
My husband died recently and named me Executrix of his Last Will and Testament. The will was made in 1974 in New York and signed by my husband, our attorney and an employee. I am told that the signatures need to be verified. Our attorney is deceased and there is no one to verify his signature.... View More
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answered on Aug 22, 2024
I'm sorry for your loss. In New York, for a will to be valid, it must be executed in compliance with New York Estates, Powers & Trusts Law (EPTL) § 3-2.1. This includes being signed by the testator (your husband) in the presence of at least two witnesses who also sign the will. If the... View More
There are 2 properties where as the original owners have passed away. There is a daughter produced by the deceased couple. The father left a will. i need to find out the status of the estate
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The attorney who set up the irrevocable income only grantor trust said the grantor could file taxes on trust income using their own SS#, but now a different attorney says if the trust doesn't obtain its own tax ID, the grantor may be deemed ineligible for Medicaid. Which is accurate?
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answered on Aug 10, 2024
When dealing with an irrevocable income-only grantor trust, it's important to understand how the income is reported and how it might impact Medicaid eligibility. If the trust is set up as a grantor trust, the income can be reported under the grantor's Social Security number, meaning the... View More
Can I make these changes myself, or must I meet with a lawyer and pay a significant fee to make these changes? Also, I am a single person in NYC with no family in this country…can I appoint a lawyer to be my executor and take care of all details if something should happen to me? Thank you.
answered on Jul 16, 2024
This is not something to do on your own.
You could execute a Codicil or a new Will. An Executor could be named in either.
Also consider Living Will, Health Care Proxy and Power of Attorney.
Jack
Cayuga county NY is the location, I'm an only child so I'm sole heir. I think my mom might have 2 mortgages on the house but I want to find a way to get the house when my mother eventually passes instead of the bank immediately repossessing it.
answered on Jul 10, 2024
Your mother's estate will be responsible for the mortgage or, if title passes to you, you may be able to work something out with the bank.
Jack
answered on May 24, 2024
It's a matter of "legal capacity." If your father has legal capacity regarding the payment of legal fees, why is a Guardianship needed at all?
Jack
What notice if any should be given
answered on May 1, 2024
Who draftees your trust? Was the property transferred to the trust? How was it funded? Your lawyer should walk you step by step through the next steps it’s really strange that you are asking these questions if you have a lawyer and if you don’t how did you fund the trust? As without funding... View More
My stepbrother is to get 50 percent of the money, Here’s the issue:
My stepdad owed taxes on property that was sold in 2017. My attorney told me that since the house was bequeathed to me, that I am responsible for the taxes, unless the other executor agrees to help pay.
He said... View More
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answered on Apr 5, 2024
When someone leaves a Will, the Executor must follow the instructions contained within. Normally debts are paid from the estate before distributions are made. I am confused about your statement that the house was sold in 2017 and property taxes are still due.
Spouse died. Her will excludes the husband. Does he still have right of election to 1/3 of the estate? Is notary of post nup signatures a hard and fast requirement?
answered on Mar 6, 2024
Like a pre-nup, a post-nup must be acknowledged (which is a notary, but a certain format), and comply with other requirements. Thus, if this one is not notarized, it fails.
answered on Feb 24, 2024
No. The notary is actually notarizing the witnesses, so it would be notarizing yourself.
My father passed away in March of 2023 with $200k in the bank, his name only, no will. My mother passed away 5 months later with no money but several debts. I am currently administering my father's estate, but one of my mother's creditors insists that I am legally required to administer... View More
answered on Jan 16, 2024
If a decedent predeceased his spouse without a will, the spouse was a beneficiary of the decedent's estate and the spouse's share of any inheritance must pass through to that spouse.
My Dad passed away in 2021. When my Dad got sick, my stepmom completely cut communication as my Dad was completely reliant on her. I reached out to attempt to keep the communication going but she blocked me on phones, Facebook, and email as far as I can tell. I found out on Facebook my Dad died.... View More
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answered on Jan 13, 2024
If the photos were not specifically left to you by your father in a Will or Trust, the surviving spouse will have primary rights to household effects like family photos.
Hallo, my father recently passed away, and had a brokeage account in the US. His girlfriend was listed as a contributor, but she has not deposited a single $ in the account. Since there is no will, by danish law all assets pass to next of kin, i.e me and my siblings. How should we procede?
answered on Jan 7, 2024
Contact the brokerage company to see if there is a beneficiary designation on the account. If so, the beneficiary gets the money. If not, the estate gets the money. Your Danish papers may be good enough to collect.
I am willing to buy the form.
answered on Dec 1, 2023
If you have enough money that it is worth opening a trust, you have enough money to pay a lawyer to do it right. No lawyer is going to recommend an online form.
The person is married and has children, lives in New York..
My wife’s mother passed away. We are not sure if her bank account had a beneficiary or did she have a will.
Her mother is legal married..
would happen to her bank account now that she is deceased?
What... View More
answered on Nov 15, 2023
Depending on the size of the account the wife needs to file an administration proceeding of some type.
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