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COVID-19 New York Estate Planning Questions & Answers
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 Estate Planning and Probate for New York on
Q: Can My Mother sue my uncle to pay the bills and debts left since his passing in reference to his business?

Father passed away from Covid in April, he left a handwritten will which stated that my Uncle was the beneficiary of his bank account, and he was to distribute the money equally between My mother , my brother and myself. My father has left a business and since we trusted my uncle would do the right... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 24, 2020

This should be posted in the Estates and Trusts section. However, in general, since your father died in NY, NY has jurisdiction. In NY, a handwritten will is not usually legal. You would have to start a proceeding in the Surrogates court where your father resided. As part of that proceeding,... Read more »

2 Answers | Asked in Estate Planning for New York on
Q: Should I sign the waiver of statutory requirements and beneficiary receipt/release?
Sharon M. Siegel
Sharon M. Siegel answered on Jun 5, 2020

I agree that you should consult a lawyer before signing any document (not limited to the one mentioned) which can affect your rights as a beneficiary. Also, I would mention that if you don't sign, you will have a lot of time before any next step due to covid. The Surrogate's Court is... Read more »

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