Get free answers to your Estate Planning legal questions from lawyers in your area.
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
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
Is the money mine?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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
Also passed . There's 6 mores children and 1 more that passed. So 5 living . How do we claim the money
answered on May 9, 2023
This is posted under Insurance, and while it is an insurance matter, attorneys in the Probate and Estate Planning categories might have better insight here. That may be why the question remains open for over a week. Some questions do go unanswered, but you might have better chances of a response in... View More
Dose the 2nd agent need to sign?
answered on May 3, 2023
Your post raises multiple legal issues. Have a free telephone consultation with counsel.
Jack
Hello I live in New York City. My mother and father have been legally married for 30 years. My dad brought the house I live in now way before he married my mom and before me and my siblings were born. My dad recently had a stroke and is in rehab right now. My dad has the deed to the house but my... View More
answered on Apr 19, 2023
I'm sorry your question remains open for three weeks. This may be something that's closer to the "Probate" and "Estate Planning" categories than it is to Family Law, where the question was originally posted. You could repost under those categories. Some questions do go... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2023
Obviously the trust was not drafted by an attorney. Hire a competent NY attorney to draft the Trust you want. Whatever form you have used should tell him most of what he needs to know, but be sure to express your objectives. You do not want to have something in place that you do not feel... View More
Does A Lawyer have to review it and at what cost?
answered on Apr 4, 2023
I would not trust a pre written generic living trust document. You should have it prepared by an experienced expert.
Probate the will to move forward? Lawsuit is over $350K
The beneficiary has been bilked by online scammers more than once for upwards of $30,000.
answered on Mar 17, 2023
No. However, if the person is willing to cooperate, they can put the money in a trust that is scammer proof. If they are not cooperative, they are an adult, and you cannot control them over the wishes of the decedent.
The third has verbally agreed but has not signed letter naming the successor trustee.
answered on Mar 16, 2023
There are forms for all of this. Not an unusual situation. If someone is not willing to sign the form, a citation must be issued upon a petition.
You and your siblings must appear for the signing of the sales deed, either in person or by virtue of a power of attorney, to subscribe the sale. For each of you who resides outside Puerto Rico, our Tax Code requires that a 15% retention be made at the point of origin (which would be upon the... View More
answered on Mar 13, 2023
That is a requirement of the tax law in that location. https://www.discoverpuertorico.com/industry/download/588201-discover-puerto-rico-form-480-2017.pdf
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2023
No. A Power of Attorney is only effective during the lifetime of the person signing (the principal). Once that person dies, it is no longer in effect. Upon being appointed, an Executor has full power to collect the decedent's assets and administer the estate.
The bank said only the executor of the estate can get it. Aren’t beneficiary accounts outside the realm of the estate and the executor? My sister lived in Arizona when she passed. I live in NY. The bank account is in South Carolina (where she used to live) The executor of the estate, a friend in... View More
answered on Feb 24, 2023
Questions about Estate matters are controlled by the law of the State where the decedent resided at the time of death. Therefore, although you may live in New York, your question is better directed to attorneys practicing in the State of your late sister's residence.
Our parents owned our family house in Lynbrook, NY since 1962. My mother died in 1974. Dad married Clare soon after and in 1996 added C to the deed. He passed away in 2004. C removed his name from the deed. I have copies of the deed and subsequent alterations. Neither our father nor mother had a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 16, 2023
If Clare was added to Deed as a joint tenant, she was entitled to 100% when your dad passed away. If she is listed as a tenant in common with your dad, you may be entitled to something.
The estate will be in excess of $5 million.There's real estate, businesses, insurance, etc. We'd like the kids' input, and they are willing. We dread any infighting after we're gone. Recently family members have gone through torture. Any thoughts on how to best proceed? Thanks in advance.
answered on Jan 25, 2023
No. Consult with the attorney first and get an overview of what is available to you.
Jack
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
