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answered on Aug 21, 2023
In New York, a trust can own a corporation through strategies such as creating a holding company or a subsidiary structure. In a holding company approach, the trust establishes a corporation that owns shares of another corporation (LLC or S corp). Alternatively, a subsidiary structure involves the... View More 
My mother died in 2001 without a will. I have two brothers, one has passed away. The property left without a will is located in Barneveld, NY. It is 5 acres. My brother who passed away was the executor of the estate. I asked him for years to give me my portion of the property or buy it from me. He... View More
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answered on Aug 21, 2023
Hire a NY attorney, not a title outfit. He will need to determine heirship, search the title, and ultimately determine who owns the tract. Who has been paying taxes? If not you, it may already be someone else's. Probate might be required, but probably heirship and/or taxes control... View More
Death bed and took the wife off, He's passed away,so do the wife still have rights. They was still married.
answered on Aug 24, 2023
Yes, in NY the spouse needs to file a claim aka a right of election within the statute of limitations period or be barred forever.
you cannot disinherit your spouse. In other words, under New York Probate law if you do not get along with your spouse, but choose to stay married, you cannot... View More
Grandparent set up UTMA accts for both of my children which are valued close to million each. Grandparent is estranged from grandkids and refuses to use money in acct for schooling. Children cant even get financial aid (FAFSA) as value in UTMA accts would be held against them. Is there any legal... View More
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answered on Jul 21, 2023
The ability of a custodian to make withdrawals from a UTMA account before the child reaches the age of majority is limited. Generally, unless there is some demonstration that a child's parent is unable to pay for their education, it is improper for a custodian to withdraw funds. However,... View More
An American Lawyer contacted me to say that they found out I have an unclaimed heritage (I'm Italian) by a aunt that died almost 20 years ago. They didn't gave me too much details but they made the last name of my grandmother. They told me the state of new york holds the money of the... View More
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answered on Jul 14, 2023
Go to the following website. Search for the relative and follow the procedures to file a claim. You will need documentation showing your relationship to the decedent. You may need to hire a genealogist.
https://www.osc.state.ny.us/unclaimed-funds
Hi.
I’m reading a title now where the husband and wife took title in 1966 as John Doe and Jane Doe, his wife. Said husband has passed and contract of sale shows “Jane Doe as to 50% and the executrix of the will as to the decedents 50% as sellers”.
Since title was never... View More
answered on Jul 8, 2023
The divorce severs the entirety interest and creates a tenancy in common. Accordingly the contract is right.
answered on Jul 4, 2023
If you are only using the property for personal use then you would not put it in an LLC and you would only pay property tax.
answered on Jun 27, 2023
If your husband cannot communicate at all, how can he possibly execute a Will. Seek other alternatives. Have a free telephone consultation with counsel.
Jack
I have the will and I also have a few family matters that I am not sure qualify me to contest but Im willing to try.
answered on Jun 19, 2023
This is something that the attorneys who practice in the Probate and Estate Planning areas would have insight into, but your question remains open for a week. It might be because the only category chosen was Family Law. You could try reposting and adding Probate and Estate Planning as categories.... View More
How do I give my aunt who resides in PR permission to send me my portion of the sell of the estate.
answered on Jun 18, 2023
You may need a Puerto Rican attorney. Have a free telephone consultation with New York counsel.
Jack
2,000 to 3,000 in the account I dont want to do probate for only that
answered on Jun 17, 2023
You should first speak with the legal department. Some banks such as BOA, may allow an affidavit to be completed. Other banks may require the appointment of a fiduciary such as yourself by the Court to collect the funds. Due to the amount, it would be a small estate proceeding. You can contact... View More
If I die before my wife, she'll get all my accounts, property... and she'll do whatever she wants. But if she dies first, I want to protect my accounts and property from her son and daughter. We have a prenuptial agreement, the property is in my name, the bank accounts I refer to are in my name.
answered on Jun 15, 2023
If the assets have the value you are stating, then it is worth actually having a lawyer review everything. However, based solely on your post, your stepchildren inherit nothing if their mother dies first. However, you can do a trust, giving your wife lifetime income, to insure she does not pass... View More
My mom passed away on 1/31/23, she had no will. At the time of her death she had a Mortgage with 219K left to pay off and 60k in credit card debt, and only 4k in savings. I would like to keep the house so I payed off her credit cards. By negotiating with the lenders I was able to reduce the 60k... View More
answered on Jun 13, 2023
Less likely than with the credit card debt.
Because secured creditors are in an improved position over unsecured creditors, they have less incentive to settle debts; unsecured creditors often have little to no recourse from a debtor (who may, e.g., die or file bankruptcy). Letting a... View More
Is the money mine?
answered on Jun 12, 2023
I am sorry to hear of your loss. Money found in your great aunt's home would likely be deemed an asset of her estate to be distributed in accordance with the terms of her Will or, if she did not have a Will, in accordance with the relevant State's intestacy statute.
Can I reimburse myself prior to filing his estate taxes?
answered on Jun 8, 2023
You can reimburse yourself as you go, but the disbursements are not approved and subject to clawback until you have a final accounting approved, or waivers from all parties. Your lawyer should know this. If you do not have one, and money is tight, it might be a good idea to have a lawyer.
I would like to get power from my father without my uncle knowing, because my uncle is trying to establish a condition that I do not want. However, does my father's condition make legal action null since he cannot remember that well?
answered on May 31, 2023
Capacity is an issue that can be raised to challenge whatever you do. Try to get a doctor to write that he has capacity to make a deed on the day you do the deed.
Hi I’m reaching out for advice because I don’t know what to do. I’m currently living in a brownstone with my daughter in NYC where I was born, raised, and lived the majority of my life. It is my grandmothers brownstone who also grew up here. My grandmother, who I love with all my heart,... View More
answered on May 30, 2023
If your aunts inherited the property, they would generally have the right to sell the property. However, the sale of the property does not result in your immediate eviction. Instead, as a tenant or an occupant in possession of the property for more than 30 days, the owners of the property would... View More
My father dead two year ago.
I am in iran
answered on May 26, 2023
You could repost under Illinois. This is currently posted under New York. But even in reposting, it could be difficult for attorneys here to reach out to you. This format here is basically question and answer. If you're seeking an attorney, you could search online for attorneys in the Chicago... View More
property to his 2 daughters. Does the Will negate my mother’s ownership of the property even if she is the property deed?
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answered on May 25, 2023
You will want a PR attorney to search that Title and determine ownership. If Mother is a grantee on an enforceable Deed, then the property is probably hers since Testator died without owning something to devise. The Deed must be examined, and that grantee/owner must pay taxes, insurance and... View More
The statement: hereby grant and release unto the Grantee(s), their heirs and assigns forever: (then it describes the land) along with
To have and to hold the above granted premises unto the Grantee(s)
Grantee(s) Shall quietly enjoy the said premises and the Grantor(s) will forever... View More
answered on May 25, 2023
That language (without your name listed as a grantee) does not mean that you are an owner of the property during her lifetime; you do not become an heir until she dies without a will. Rather, that language indicates that the property passes to her in all respects even after her death; as opposed... View More
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