Uncle inheritance laws endow you with certain rights to your uncle’s inheritance. However, your rights are lower priority than those of your uncle’s more immediate family members. As set forth in the laws of the state of New York, you have no rights to your uncle’s inheritance if your uncle had a living spouse, descendants or parents at the time of his death. Even if you are the closest living relative, you may also have very limited rights if your uncle left you out of his will.

Will I inherit if my uncle did not have a will? If your uncle did not have a will, then you will inherit only if you are “the closest living relative” – only if your uncle died with no living spouse, descendants (children, grandchildren, great-grandchildren etc.) and parents.

Do I have to be notified if my uncle died? If your uncle had a will, then uncle inheritance laws state that you will have the right to be notified of the will and the hearing date when the will is presented before the court.

What can I do if I am not named in my uncle’s will? If you were not named in your uncle’s will, then you have the right to contest the will. You can win a will contest if you can prove that your uncle either did not have the mental capacity to make a will, was unduly influenced into making the will or the will was not made correctly.

Can I inherit from step-uncle? You cannot inherit from a step-uncle. Only if you were adopted by the uncle’s sibling, in which case they would be considered an uncle.

Do all nieces and nephews inherit equally? According to uncle inheritance laws, nieces and nephews inherit by sharing the inheritance share of the uncle’s siblings.

Will I be in charge of my uncle’s estate? If you are the closest living relative (your uncle does not have a living spouse, descendants or parents) or you are named as the executor in your uncle’s will, then you can be named the executor or administrator of his estate.

Can I inherit from my uncle if his marriage was invalid? A legal marriage is assumed to be valid unless you can prove otherwise, even your uncle was separate from his spouse or was in the process of divorce. But if you can prove to the court that your uncle’s spouse abandoned them, then you will be able to set aside the spouse’s share and will be able to inherit from your uncle. To be valid for inheritance purposes, the marriage has to be a legal marriage. Common-law marriage is not valid in New York, but may be valid in a different state.

What should I do if I need an estate and probate lawyer for my uncle’s estate? You can contact the Law Offices of Albert Goodwin, an attorney familiar with uncle inheritance laws, at (212) 233-1233 or (718) 509-9774.

Aunt inheritance laws endow you with certain rights to your aunt’s inheritance. However, your rights are lower priority than those of your aunt’s more immediate family members. As set forth in the laws of the state of New York, you have no rights to your aunt’s inheritance if your aunt had a living spouse, descendants or parents at the time of her death. Even if you are the closest living relative, you may also have very limited rights if your aunt left you out of her will.

Will I inherit if my aunt did not have a will? If your aunt did not have a will, then you will inherit only if you are “the closest living relative” – only if your aunt died with no living spouse, descendants (children, grandchildren, great-grandchildren etc.) and parents.

Do I have to be notified if my aunt died? If your aunt had a will, then aunt inheritance laws state that you will have the right to be notified of the will and the hearing date when the will is presented before the court.

What can I do if I am not named in my aunt’s will? If you were not named in your aunt’s will, then you have the right to contest the will. You can win a will contest if you can prove that your aunt either did not have the mental capacity to make a will, was unduly influenced into making the will or the will was not made correctly.

Can I inherit from step-aunt? You cannot inherit from a step-aunt. Only if you were adopted by the aunt’s sibling, in which case they would be considered an aunt.

Do all nieces and nephews inherit equally? According to aunt inheritance laws, nieces and nephews inherit by sharing the inheritance share of the aunt’s siblings.

Will I be in charge of my aunt’s estate? If you are the closest living relative (your aunt does not have a living spouse, descendants or parents) or you are named as the executor in your aunt’s will, then you can be named the executor or administrator of her estate.

Can I inherit from my aunt if her marriage was invalid? A legal marriage is assumed to be valid unless you can prove otherwise, even your aunt was separate from her spouse or was in the process of divorce. But if you can prove to the court that your aunt’s spouse abandoned them, then you will be able to set aside the spouse’s share and will be able to inherit from your aunt. To be valid for inheritance purposes, the marriage has to be a legal marriage. Common-law marriage is not valid in New York, but may be valid in a different state.

What should I do if I need an estate and probate lawyer for my aunt’s estate? You can contact the Law Offices of Albert Goodwin, an attorney familiar with aunt inheritance laws, at (212) 233-1233 or (718) 509-9774.

Inheritance rights of siblings endow you with certain rights to your brother’s or sister’s inheritance. However,  your rights are lower priority than those of your sibling’s more immediate family members. As set forth in the laws of the state of New York, you have no rights to your sibling’s inheritance if they had a living spouse, descendants or parents at the time of their death. Even if you are the closest living relative, you may also have very limited rights if your sibling left you out of their will.

Do I have the right to inherit if my sibling did not have a will? If your sibling did not have a will, then you will inherit only if you are “the closest living relative” – only if your sibling died with no living spouse, descendants (children, grandchildren, great-grandchildren etc.) and parents.

Do I have the right to be notified if my sibling died? If your sibling had a will, then you will have the right to be notified of the will and the hearing date when the will is presented before the court.

What rights do I have if I am not named in my sibling’s will? If you were not named in your sibling’s will, then you have the right to contest the will. You can win a will contest if you can prove that your sibling either did not have the mental capacity to make a will, was unduly influenced into making the will or the will was not made correctly.

Do half-siblings have the right to inherit? Half-siblings have the right to inherit equally with full siblings. This is only true in some states, New York being one of them.

Do step-siblings have the right to inherit? Step-siblings do not have the right to inherit. Only if they were adopted by the sibling’s parents, in which case they would be considered siblings.

Do all siblings have the right to inherit equally? All siblings have the right inherit equally unless stated otherwise in the will of the sibling who died.

Do I have the right to be in charge of my sibling’s estate? If you are the closest living relative (your sibling does not have a living spouse, descendants or parents) or you are named as the executor in your sibling’s will, then you can have the right to be named the executor or administrator of their estate.

Do I have the right to inherit from my sibling if they were not married and the children are not theirs? Children are presumed to be biological children if they were born during the marriage or have your sibling’s name on their birth certificate. Adopted children of your sibling are considered their children. Step-children or foster children are not considered their children.

Do I have the right to inherit from my sibling if their marriage was invalid? A legal marriage is assumed to be valid unless you can prove otherwise, even your sibling was separate from their spouse or was in the process of divorce. But if you can prove to the court that your sibling’s spouse abandoned them, then you will have the right to set aside the spouse’s share and will be able to inherit from your sibling. To be valid for inheritance purposes, the marriage has to be a legal marriage. Common-law marriage is not valid in New York, but may be valid in a different state.

What should I do if I need an estate and probate lawyer for my sibling’s estate? You can contact the Law Offices of Albert Goodwin, an attorney familiar with inheritance rights of siblings, at (212) 233-1233 or (718) 509-9774.

Sister inheritance laws endow you with certain rights to your sister’s inheritance. However, your rights are lower priority than those of your sister’s more immediate family members. As set forth in the laws of the state of New York, you have no rights to your sister’s inheritance if your sister had a living spouse, descendants or parents at the time of her death. Even if you are the closest living relative, you may also have very limited rights if your sister left you out of her will.

Will I inherit if my sister did not have a will? If your sister did not have a will, then you will inherit only if you are “the closest living relative” – only if your sister died with no living spouse, descendants (children, grandchildren, great-grandchildren etc.) and parents.

Do I have to be notified if my sister died? If your sister had a will, then sister inheritance laws state that you will have the right to be notified of the will and the hearing date when the will is presented before the court.

What can I do if I am not named in my sister’s will? If you were not named in your sister’s will, then you have the right to contest the will. You can win a will contest if you can prove that your sister either did not have the mental capacity to make a will, was unduly influenced into making the will or the will was not made correctly.

Can half-sisters inherit? According to the laws of the state of New York, half-sisters inherit equally with full sisters. This is only true in some states, New York being one of them.

Can step-sisters inherit? Step-sisters do not inherit. Only if they were adopted by the sister’s parents, in which case they would be considered sisters.

Do all sisters inherit equally? According to sister inheritance laws, all sisters inherit equally unless stated otherwise in the will of the sister who died.

Will I be in charge of my sister’s estate? If you are the closest living relative (your sister does not have a living spouse, descendants or parents) or you are named as the executor in your sister’s will, then you can be named the executor or administrator of her estate.

Can I inherit from my sister if her marriage was invalid? A legal marriage is assumed to be valid unless you can prove otherwise, even your sister was separate from her spouse or was in the process of divorce. But if you can prove to the court that your sister’s spouse abandoned them, then you will be able to set aside the spouse’s share and will be able to inherit from your sister. To be valid for inheritance purposes, the marriage has to be a legal marriage. Common-law marriage is not valid in New York, but may be valid in a different state.

What should I do if I need an estate and probate lawyer for my sister’s estate? You can contact the Law Offices of Albert Goodwin, an attorney familiar with sister inheritance laws, at (212) 233-1233 or (718) 509-9774.

Brother inheritance laws endow you with certain rights to your brother’s inheritance. However, your rights are lower priority than those of your brother’s more immediate family members. As set forth in the laws of the state of New York, you have no rights to your brother’s inheritance if your brother had a living spouse, descendants or parents at the time of his death. Even if you are the closest living relative, you may also have very limited rights if your brother left you out of his will.

Will I inherit if my brother did not have a will? If your brother did not have a will, then you will inherit only if you are “the closest living relative” – only if your brother died with no living spouse, descendants (children, grandchildren, great-grandchildren etc.) and parents.

Do I have to be notified if my brother died? If your brother had a will, then brother inheritance laws state that you will have the right to be notified of the will and the hearing date when the will is presented before the court.

What can I do if I am not named in my brother’s will? If you were not named in your brother’s will, then you have the right to contest the will. You can win a will contest if you can prove that your brother either did not have the mental capacity to make a will, was unduly influenced into making the will or the will was not made correctly.

Can half-brothers inherit? According to the laws of the state of New York, half-brothers inherit equally with full brothers. This is only true in some states, New York being one of them.

Can step-brothers inherit? Step-brothers do not inherit. Only if they were adopted by the brother’s parents, in which case they would be considered brothers.

Do all brothers inherit equally? According to brother inheritance laws, all brothers inherit equally unless stated otherwise in the will of the brother who died.

Will I be in charge of my brother’s estate? If you are the closest living relative (your brother does not have a living spouse, descendants or parents) or you are named as the executor in your brother’s will, then you can be named the executor or administrator of his estate.

Can I inherit from my brother if they were not married and the children are not his? Children are presumed to be biological children if they were born during the marriage or have your brother’s name on their birth certificate. Adopted children of your brother are considered his children. Step-children or foster children are not considered his children.

Can I inherit from my brother if his marriage was invalid? A legal marriage is assumed to be valid unless you can prove otherwise, even your brother was separate from his spouse or was in the process of divorce. But if you can prove to the court that your brother’s spouse abandoned them, then you will be able to set aside the spouse’s share and will be able to inherit from your brother. To be valid for inheritance purposes, the marriage has to be a legal marriage. Common-law marriage is not valid in New York, but may be valid in a different state.

What should I do if I need an estate and probate lawyer for my brother’s estate? You can contact the Law Offices of Albert Goodwin, an attorney familiar with brother inheritance laws, at (212) 233-1233 or (718) 509-9774.

Can a Trustee borrow money from the trust account? No. Why not? Because he is the one managing the money. So if he takes money from the account, it’s presumed to be embezzlement, which is simply known as stealing.

But how about if a trustee is also a beneficiary? Don’t some of the money in the trust also belong to him? For example, a man left a trust for his four children, and one of the children is a trustee. Can the trustee-child borrow money from the trust and say that he is just borrowing his own money? The answer to that is absolutely not. Even though the trustee is one of the beneficiaries of the trust, at the end of the day the trust is not his. The trust belongs to all the beneficiaries. So if a trustee borrows money, he is considered by the law to be taking everyone’s money, not just his own. As an example, if he borrows four thousand dollars, he is not borrowing four thousand dollars of his own money. He is stealing a thousand dollars from each of his siblings. If he takes a penny, most of that penny belongs to the other beneficiaries of the trust.

What can happen if a trustee neglects good advice and does borrow money from the trust account? Nothing good. The trustee can be removed by the court. The court will force the trustee to return the money. The court might order the trustee to pay for his own attorneys’ fees as opposed to using trust funds to pay for his attorney’s fees. The judge may even order the trustee to pay the beneficiaries’ attorneys’ fees. What is scarier is that the trustee can even be criminally prosecuted for stealing. That’s right, a criminal prosecution even if the trustee is one of the beneficiaries of the trust and even if the amount he took is less than his stake in the trust account and intended to return the funds. The judge can refer the case to the District Attorney’s office, which has the power to prosecute the case in criminal court.

Above, we’ve referred to the trustee as a manager. The legal term for someone managing money, including a trustee is “fiduciary.” ^[2] New York’s Estates, Powers and Trusts Law governs the conduct of a trust fiduciary.

New York Consolidated Laws, Estates, Powers and Trusts Law – EPT § 11-1.6 states that “Every fiduciary shall keep property received as fiduciary separate from his individual property.  He shall not invest or deposit such property with any corporation or other person doing business under the banking law, or with any other person or institution, in his own name, but all transactions by him affecting such property shall be in his name as fiduciary.” ^[3]

New York’s Penal Law (the Criminal Law) states that “A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.” ^[4]

The trust as an entity is the owner of the funds. If a trustee borrows money from the trust, he commits larceny.

New York Penal Law continues to say that “Larceny includes a wrongful taking, obtaining or withholding of another’s property, with the intent prescribed in subdivision one of this section, committed … by conduct heretofore defined or known as common law larceny by trespassory taking, common-law larceny by trick, embezzlement, or obtaining property by false pretenses.” ^[5]

To sum up, trustees should keep the trust funds where they belong. In the trust account. Whenever they receive any funds relating to the trust in any way, those funds should be deposited into the trust account and not taken out for any reason without either signed consent from each and every beneficiary or an order of the court authorizing the executor to disburse the funds.

The trustee should place all trust funds into the trust account

Whether you are a beneficiary who thinks that the trustee is borrowing money from the trust, or if you are a trustee and you feel that you are being falsely accused of borrowing money from the trust and not returning it, you can speak with New York trust attorney Albert Goodwin, Esq. He can be reached at (212) 233-1233.

[1] NY EPTL § 11-1.1

[2] NY EPTL § 11-1.1

[3] NY EPTL § 11-1.6

[4] NY PEN § 155.05

[5] NY PEN § 155.05

If a trustee is refusing to pay tuition for a child’s education such as private school, college, university, graduate school, medical school or law school, you may have a recourse depending on how the trust was set up.

The first step is to have your attorney read the trust. Unlike wills that are admitted to probate, trusts are not part of public records. If you don’t have a copy of the trust, as the trustee for a copy. Or perhaps one of the other beneficiaries has a copy they can give you. If you don’t have a copy of the trust and the trustee refuses to provide a copy, we can file a proceeding with the court to compel the production of the trust.

If a trustee is specifically required by the trust to pay the tuition, then we can use the courts to compel the trustee to pay. When a trustee has the power to pay the child’s tuition as a discretionary power, there could be a situation where a trustee and beneficiary are not in agreement, leading to legal conflict.

The clearest and best-written trusts make it easy to tell whether the trustee is required to pay for the child’s education such as private school, college, university, graduate school, medical school or law school. Unfortunately, only a small majority of trusts are clear and well-written. In some cases, language could be interpreted to mean that the trustee must distribute funds in a way to keep the beneficiary up to the standard of living that they used to enjoy, which may or may not mean paying for the tuition. Other trusts may only direct that the trustee uses the funds for things such as medical or emergency expenses.  There are other trusts that simply allow the trustee to use their discretion entirely, with no additional guidance as to how.  It all depends on the language that the attorney who drew up the trust document used and what was requested by the person who set up the trust.

Even if the trust is set up to leave distributions up to the discretion of the trustee, a trustee still does not have unlimited power when it comes to distributing funds.  A trustee cannot simply refuse to distribute discretionary funds for a bad reason or no reason.  A trustee still has to act reasonably and fairly when making distributions from the trust, meaning that they can’t simply refuse to pay tuition at either private school, college or graduate school without some sort of good cause.  For example, if the trust document says that funds from the trust should be used for educational expenses, it would most likely be found to be unreasonable on the part of the trustee to refuse to pay for the school.

When a trustee refuses to pay for a child’s education, there are a few things that the beneficiary may want to try in order to get the money they feel they deserve.  A first step could be as simple as having a New York trust litigation attorney write a demand letter on the beneficiary’s behalf making a demand for distribution of the estate.  This could be a simple solution to keep out of court.

If this does not work, then litigation may be the only option.  If this is the case, the beneficiary may have to file a suit against the trustee to have the court force them to release the funds.

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Call the Law Offices of Albert Goodwin at (212) 233-1233, New York estate, guardianship, wills, trust, Medicaid and probate lawyer, and make an appointment to discuss your trust situation.

How is property distributed to siblings (Brothers and sisters)? Property to siblings can be distributed in accordance with the will or New York intestacy law.

Partition Lawsuits – how do they work: Partition lawsuits happen most frequently when unmarried people buy a property together. Partition lawsuits also happen when people inherit property together and one of them does not want to sell, usually, the one living in the property. In a partition lawsuit, the court forces the sale of the property.

How do I find assets that are hidden from an estate? If the assets are hidden by the executor, then we typically start an accounting proceeding with the court. The executor might list the assets in accounting. If the executor does not list the assets, or they are missing from the accounting, we then file objections to the accounting. We then use subpoenas to individuals and financial institutions that are suspected of holding the assets. Another way is to file a proceeding for turnover of property. We also sometimes use the assistance of private investigators to locate hard-t0-find assets.

How do I transfer partial ownership of a house? You would use a deed to transfer whatever ownership you want, let’s say 50% or only a life estate.

Does a New York deed need witnesses? A New York deed does not need witnesses. It does need an acknowledgment sworn by a notary.

Does a New York will need witnesses? Yes, a New York will does need witnesses. At least two.

FIRPTA as it applies to the states: Does FIRPTA Apply to an estate of a foreigner? (No) Do I have to withhold for a foreign beneficiary? (Yes)

Does HIPAA apply to a person who died? Typically, in an estate of a person who died, the executor of the estate is authorized to sign a HIPAA form.

Art estate planning – art is an important asset of an estate. It is important to include it in your estate planning, be it  a will or trust.

Who pays for 1404 depositions? – The estate pays for the court reporter, each side pays for their own attorneys’ fees.

Does Power of Attorney work for wills? – No, an agent under a power of attorney does not have the authority to make a will for the principal of the power of attorney.

Can a Power of Attorney transfer the house to themselves? – An agent under a power of attorney may be able to transfer a house to themselves under certain circumstances, such as when there is an appropriate gift rider from the principal.

What are letters of administration Cta, dbn? – Letters of Administration CTA are issued when an executor named in the will is not available. Letters of Administration DBN are issued after an Administrator of an estate is appointed and then becomes unavailable.

Valuation of Jemstones – Jemstones can be valuated by a jeweler.

Can you set aside a stipulation – it is hard and almost impossible to set aside a stipulation in a New York estate.

Abandonment of a spouse in a New York estate – abandonment of a spouse in a New York estate requires specific grounds.

What mental capacity is needed to execute a New York power of attorney? – To execute a power of attorney, a person needs a mental capacity to understand a contract.

Can an incapacitated person under guardianship make a will in New York? – Yes, but it’s best to look at the guardianship order to make sure, as guardianship are narrowly tailored.

Is an administrator personally liable for the estate’s debts? – No.

How does a New York power of attorney work after a person becomes disabled?

When a spouse is the beneficiary of a life insurance policy, Does that beneficiary designation get canceled with a divorce? In New York, no. In other states, such as Florida, yes.

How can a NY trust be terminated – a revocable trust can be terminated by the settlor of the trust by sending a notice of termination to the trustee. An irrevocable trust can only be terminated with the written consent of all beneficiaries.

Is Will reading or reading of the will a requirement? There is no requirement for a “will reading” in New York.

I’m not mentioned in the will even though I am a close friend or relative of the decedent. Is that a ground for a will contest? No, but may show that the attorney was not careful or that the decedent did not remember you.

A Will was not notarized. Is that a ground for a will contest? No. A will does not need to be notarized. Although the self-proving affidavit is notarized.

A person who died told me, wrote to me, or said on video that they are leaving me property. Does that count as a will? No, a will has to be in writing and executed with the due formalities.

My father’s much younger wife married him when he was very old, and then persuaded him to make a will. Is that ground for a will challenge? If the marriage was very short and there was no real relationship, then a will challenge may succeed.

My sibling lived with my parent, and was much closer to them than I was. The sibling persuaded the parent to favor them in a will. Is that the ground for a will contest? The sibling was probably a fiduciary, and as such, may have an increased burden of proving that there was no undue influence.

My relative ‘s friend or neighbor persuaded them to make a will. Do I have a case for a will contest? Possibly. Courts have a record of looking at friends as suspect. But if you are a relative who was absent from the decedent’s life, that’s something that the court will consider as well.

What’s the best way to pass down a share of a business? The best way is to phase in the person while you are still running the business. This is called succession.

Is there a way of probating a copy of a will? It is a hard to probate a copy of the will. You will need to bring witnesses that explain why an original is not there and will need to prove that the original was not destroyed.

Are you allowed to talk to witnesses about the case before depositions? Yes as long as you don’t suggest the answer.

What is a New York state tax closing letter? – It’s a letter that the state sends stating that you have no tax liability.

How to partition New York surrogate court estate property. You would need to file a partition proceeding, the court will appoint a referee who will sell the property and distribute the proceeds to the owners.

Where to look for a will after someone died. You can try their residence, their attorney, safe deposit box, friends and relatives, and the Surrogate’s Court.

How do I prevent lawsuit materials from showing up in search engines. Material such as depositions, even videos of depositions, complaints, petitions, etc. You can make a motion to a judge to seal the case from being available in public records.

Is a HIPAA authorization required when sending out a subpoena for records that involve medical information? Some healthcare providers will not answer a subpoena without a HIPAA form.

Does it ever make sense to make a codicil as opposed to making a new will? Only if making insignificant changes, such as small monetary bequests.

Does New York have a claim for tortious interference with an expected inheritance? New York does not have a claim for tortious interference with an expected inheritance.

Is Estate planning possible for people diagnosed with Alzheimer’s. Estate planning is possible for people diagnosed with Alzheimer’s, especially in earlier stages.

Is Alzheimer’s enough of a reason to challenge a well? Alzheimer’s in and of itself is not a good enough reason to overturn a will, but it is a major signal that the testator did not have the capacity to make the will.

The costs versus benefits of selling your life insurance policy (viatical settlement) during your lifetime. The benefit is getting some money right now, and the cost is losing the opportunity for your heirs to get more money after your death.

What kind of attorney do I hire after someone dies? You would hire an estate attorney or probate attorney.

Does the estate pay for the executor’s lawyer when the executor is accused of misconduct? By default, estate executors charge their legal fees to the estate. One can make a motion to have the executor’s attorneys’ fees charged against the executor’s share only.

Reverse mortgage in an estate – can something be done to not give the house to the reverse mortgage company? You can talk to the reverse mortgage company and try to make a deal with them.

Why do I need an affidavit of comparison? The court needs the affidavit of comparison to make sure that a copy of the will is a true copy of the original.

What exactly needs to be proven by ancillary probate? You need to prove that probate was completed properly in the state of the original probate.

Does inheriting through a trust mean losing the step-up in basis? See http://www.irs.gov/pub/irs-utl/21_-_inherited_assets_-_stepped-up_basis.pdf

What should a trustee do after the death of a person who established the trust? (For example, do you have to give notice to creditors, noticed the relatives who are excluded from the trust, file eState Taxes, etc.) In New York, there is no requirement of a notice to creditors. A trustee does have to follow the directions of the trust, i.e. transferring property or income to beneficiaries, and has to work with an accountant to file taxes timely and correctly.

How does foreclosure work in a property of someone who died? There is usually a pause in the foreclosure until an administrator or executor is appointed, and then the bank adds the estate as a party to the foreclosure.

Do I have to pay income tax on rent paid to my own FLP? Yes.

Do I need court approval to sell real estate belonging to a New York estate? See SCPA 1904.

Who is not eligible to become an executor? See SCPA 707.

What is the order of priority for getting letters of administration? See SCPA 1001. Letters of administration must be granted to the persons who are distributees of an intestate and who are eligible and qualify, in the following order:

What is a child performer trust? A child performer trust is a set up by a parent or guardian to hold the child’s money that the child receives for performance.

When do I need a different attorney to take over my case? If your current attorney is incompetent or is not cooperating or communicating with you.

What do I do when my sister or brother isolates my mother or father from me? You would consider looking into filing a guardianship proceeding.

What do I do if I suspect that my brother or sister is taking my mother or father’s money? You would consider looking into filing a guardianship proceeding, with a demand for an accounting how your sibling was managing your parents’ assets.

What do I do if the executor is taking too long? Nothing happening in an estate? See Scpa 2102. You can file a proceeding to compel the executor to act.

What do I do if the executor of a New York state is controlling the family business and is not reporting the income as part of the estate? You can file for an accounting of an estate, and when the executor provides the accounting, you can object to what you deem to not be listed as part of the estate, including family business income.

Can an executor pay their attorney with estate funds? Executors usually try to pay their attorney’s fees with estate funds. The beneficiaries can file a motion to try to stop that from occurring.

is a New York executor required to file a bond? Only if a will does not say that he can serve without bond or if the executor resides in another state.

Can a New York City vending license the passed down by inheritance? No.

When is it a good idea to compel the production of a will. When you know that the person will produce the will as opposed to destroying it.

What do I do if a trustee refuses to make discretionary distributions from a trust? You can file a proceeding to compel distributions. We would first look at the language of the trust and see if trust distributions are authorized under the circumstances, whether of principal or income, and then possibly file a proceeding claiming abuse of discretion.

Am I responsible for the decedent’s estate debts and expenses? Relatives and executors are not personally responsible for the decedent’s debts or expenses, but they may have to be paid out of the estate.

How do I cut the person out of my will? You will need an estate attorney to make a defensive will that can stand up to a will contest.

Beneficiary designation laws – laws of New York beneficiary designations -Annuity beneficiary, Life insurance beneficiary, does it need to be filed with the institution? Does it need to be signed at the institution? Does it need to be notarized? Does it need to be witnessed? It depends on the rules of the institution. It usually has to be filed with the institution.

Frozen insurance or bank account – contact the bank to see what the problem is, and then contact an attorney to fix it.

Make a will

What is a self-proving will – a will that has an affidavit of witnesses that describes what steps everyone involved followed in the will execution.

Top estate attorneys

Best estate attorneys

What to ask an estate attorney –  see above.

How much money do New York estate lawyers make? Depending on the person.

New York statute of limitations on fraudulent deed transfer

Estate of a Performer (musician)

Estate of an Artist

Can a power of attorney act for an executor or administrator of a New York estate? A power of attorney does not convey the power to be an executor of an administrator of an estate.

Can I disinherit my spouse? You cannot disinherit your spouse completely, they still have the option of filing an elective share to get 1/3 of your estate. If, however, they do not file the elective share, then you might be able to successfully disinherit your spouse.

Inheritance attorney

Diligent search

Order of priority in being appointed as New York administrator of estate: The order of preference for each family member who could serve as administrator is listed as follows:

1. The surviving spouse
2. Adult children
3. Adult grandchildren
4. Parents
5. Adult siblings
6. Others who would have the largest distribution under the estate

Kaiser rule for wrongful death case

How do I make a will?

Do I have to open an estate when there is no money in it? Probably not.

Do Medicaid trusts work? related – does an irrevocable trust help retain step up in basis? Yes.

Does a will have to be filed with the court? The will does not have to be filed when you make the will. It’s not a requirement. There is, however, A process to file the will with the court for safekeeping. The court has a safe for wills filed for safekeeping. After a person dies, the only way to become the executor is to file the will with the court and probate it.

Are reciprocal Wills (mutual wills, mirror wills) revocable? One can revoke a will at any time.

Why are joint wills not used in New York? Because people get confused that a joint will makes a difference in precluding the other person from changing their will. It does not.

Can an attorney serve process in New York in their client’s case? Yes.

How many people can co-administer a New York estate? Up to three.

Abuse of power of attorney – a person who makes gifts to themselves without a duly executed gift rider abuses the power of attorney.

Pet Trust – a trust can be established for a pet in New York, for the pet’s financial support, but a trust will not have the effect of compelling a person to take care of your pet.

Removing 805 Bond Restrictions – removing 805 bond restrictions is difficult. It’s best to comply with those restrictions and get a court order when you need to act outside of those restrictions.

Does an oral will work? Does a verbal will work? In New York, for all intents and purposes, an oral or verbal will does not work.

Due diligence in NY probate (finding relatives or heirs): You would have to have an affidavit from a person who can explain where the unknown heirs are. Frequently, that person is a genealogist.

Affidavit of Heirship

CLAT – charitable lead trust

What happens if a trustee decides to give more money to the beneficiary than the trust allows

Can an irrevocable trust be broken in New York? – Yes, with the written consent of all beneficiaries, settlors/grantors and trustees.

How do I probate a New York will – how does probate work in new york:

Can an executor get the decedents past tax returns, bank statements, financial information. Yes.

Lawyer getting money from a will- friend? Relative? Person disabled? That is allowed, but can be subject to a will contest.

New York personal representative

Can an adopted child inherit from a birth parent? Not by intestacy, only by a will.

Reciprocal wills (mutual wills) – are they binding or are they revocable? They can be revoked just like any other will.

Can I transfer the principal’s property to myself as a power of attorney in New York? Only if there’s a valid gift rider.

Revocable vs irrevocable trust New York – You can change or revoke a revocable trust without consent from its beneficiaries and trustees, not so with an irrevocable trust.

Can an irrevocable trust have a family member as a trustee? Yes, but you may lose some of the trust’s benefits.

Guardian is not doing their job, neglecting the ward: That’s a basis for a procedure to remove the guardian, but it’s up to the court to decide whether to remove the guardian or not.

Expert witness

Expert witness rules New York

Legal malpractice in estate cases – although rare, legal malpractice in estate cases does sometimes happen.

Constructive trust

Defenses to ny partition action

Can an attorney be a witness to a will?  Yes, but then there will be no one to notarize the affidavit of attesting witnesses. Unless they can find a notary who is not the attorney.

Can a person with schizophrenia make a will? (paranoid schizophrenia is the most common one): Yes, but the will may be subject to a challenge, especially if the bequest is unusual or leaves out some close family members.

House trust vs life estate

Died without a will / Who inherits when there is no will / intestacy

Ancillary probate

Probate property sale

Kinship proceeding

Attorney ad litem / guardian ad Litem

Spousal estate litigation

Distribution of an estate

Probate accounting / estate accounting

Trust contest New York

Probate litigation

Estate administration

Inheritance by minors

Disabled person compromise

Is my estate plan valid if I move to another state? Yes.

Who may serve as an administrator of a decedent’s estate? Whoever inherits from their estate (their distributes).

Can a copy of a will be admitted to probate? Usually not, but it can be used to prove the contents of a lost will.

Unknown heirs

What is a distributee – someone who inherits property if there is no will.

Probate assets vs nonprobate assets

How will a divorce affect my estate plan?

Holographic will

How often should I update my will?

What is probate

Can a copy of a will be admitted to probate?

Non-domiciliary probate

A child born after a will was made

Can an adopted child inherit from a biological parent?

Is there a time limit to ask for an accounting?

Make a trust

Make sure my second wife’s children don’t inherit

The wife can use the money during her lifetime and children from first marriage get the money after she dies

How long does probate take?

Reciprocal wills – mirror wills

Can I disclaim an inheritance to avoid creditors?

When is a New York administrator bond required?

Out of state estate administrator

Kinship

Apply for nursing home Medicaid

estate lawyer in New York

Reciprocal wills

Wife left out of a will

Removal of executor

Firearms

Witness to a will cannot be found

Make a will

Hdfc

My husband left me out of his will

Can witness stay in the same room during a deposition?

Can the IRS get my business account?

Execution of a will for a person under guardianship – is someone obligated to inform the court?

Estate planning for biggest dates, family companies discounts for lack of marketability and control

Mini-mental exam

International will, made in both countries, but same document like an international agreement

Does a successor trustee need to sign the trust?

Requirements for making a will in New York

Heartbreakingly aging parents in assisted living

If I die, will property go to my spouse?

Probate a copy of a will

My parent wants to transfer their property to me, how do I get that done? (I want to leave my property to my daughter who lives with me)

How do you record a trust in New York

I want to not give my sister her share of the estate, what’s the downside

Should I make a revocable or irrevocable trust?

Inheritance for music royalties

My sibling is disabled and cannot make their own decisions, how do I take control of their finances?

Is a New York trust automatically revocable/revocable by default

Medicaid investigation – my insurance agent told me to do it

Trust – a way to not let heirs and creditors know you died

How to start a business in the US for a nonresident (New York)

My child took away my business, locked me out of my company

Does a trust become irrevocable if only one of the grantors survives?

2211 examination – also, who pays for it

Nursing home – how to get the money from clients, get the money from the estate

Judge in Brooklyn puts restrictions on a house sale and doesn’t approve it

A person who lives in a semi-attached house attached to me dies, Problems with damage to my part of the structure, what are the average, water damage

Pipes burst in a house on by the state estate

What can the Medicaid trust Pay for?

Who will get my bitcoin or Ethereum after my death?

My sister had my mother sign her apartment over to her

Trust for owning a home as a blended family (lifetime to partner, children after death)

Professional executor, can my lawyer be my executor?

If I die, does my wife stay at the house?

My rights as a trust beneficiary

What happens to the trust principal after beneficiaries die?

Is it abuse of discretion for a trustee to pay just the minimum payment required by the trust?

Set aside stipulation

Does a trust pay a higher income tax rate than a person?

Is a Medicaid trust intentionally defective?

Will I need two Medicaid trusts?

What tax form do I file for a pass-through income tax return on a trust?

Which trusts are taxed pass-through?

Partition in an estate

Partition!!!!!!

Can a lawyer benefit from a will they made?

Settle federal student loans

Proceeding to compel the production of a will, SCP1401

Proceeding to compel the production of a trust

Constructive trust (girlfriend of deceased)

Who is disqualified from being in an administrator if the state? Cannot speak English? Not a citizen? Took bank accounts? Want if understanding? Health problems?

My damage from an accident is bigger than the insurance covers

I received notice of probate

Who is entitled to notice of probate? (Scpa 1409)

Duress in a trust

Undue influence in a will challenge

Lack of capacity in a will contest

Autism and special needs

Update – debate judge

More guardianship marketing

No attorney-client privilege after death

Try color scheme like Casper – dark blue font on light blue background

Can I inherit if I was adopted by someone else

My kids are taking my money and they’re not even nice to me

A trust to protect assets from the second wife (kids perspective and parents perspective)

Hdfc Mitchell Lama apartment edit – succession rights papers with the management need to be filled out, ask the management what options are after death, residency requirements

Can I do a will or trust challenge before the person’s death?

Do I have to provide notice of probate or citation to contingent beneficiaries?

Pro tanto rule? Only those who actually object to an accounting get compensated

Seven months for creditors

How to make a claim against a New York Estate

Defenses against foreclosure

Trust to protect mothers house from my second marriage

Not married but living together and paying the mortgage, house belongs to the boyfriend who died, no will – maybe make a deal with the family

Do I have to notify contingent beneficiaries?

Who gets notice of probate?

How do you cancel (revoke) a power of attorney?

How do you cancel (revoke) A revocable trust

Estate planning for new parents

Protect future inheritance assets from divorce

Suffolk county food stamp snap fraud

Medicaid Lookback period

Is inHeritance taxable

Donor advised fund (daf)

Anti lapse

Commercial litigation

Hra – father not in the household but owns the house and gives cash to the mother

Surviving spouse deed –

Hra – I am not the primary holder of the account, why did I get a target letter from HRa? – Because there’s no such thing as a primary

I trust was discounted or changed to give me less benefits (By trustee, or settlor, Let’s say the trust is irrevocable )

Is inheritance taxable?

Medicaid lookback period

Will I lose public benefits if I move in with my boyfriend

Artie – anti lapse

Trial lawyer – my lawyer says they are not a trial lawyer and cannot do a trial

No attorney-client privilege and will challenge, how about trusts?

Can power of attorney to give property to himself

Beginning of the case questions

I received a citation from surrogates court

Service of citation

Caretaker got inHeritance

Kinship

Lis pendens

Opmg provider audit

Intestate, intestacy

Elements of constructive trust

Court rules topics

The stature of limitations on a forged deed

Too old to make a will?

Intestacy, intestate

distributee

Revoke a trust (irrevocable)

Is inheritance taxable

NY right of election

Administrator of estate

Can an executor sell property

Accessing safe deposit box (Safety deposit box)

Spousal lifetime access trust

Decanting trust

Community Medicaid

Severance pay

Ilit

Medicaid asset protection trust

Supplemental needs trust

New York state tax exemptions

Article 81 guardianship

Waiver of process/waiver of probate

NY scpa

Dynasty trust pros and cons

NY anti lapse statute

Per stirpes

CPLR 3211

Deed transfer from parent to child

Rights of creditors in an estate

Probate timeline

Ancillary probate

Medicaid planning

Formal accounting

Parent-child joint owners

My brother or sister got more than me in our mother or father’s will – Unequal distribution, did not get what I was promised, someone took everything that was promised to me

Stepchildren don’t inherit unless there’s a will

can you sign a will for someone else (like /s/ decedent)

What does /s/ mean? – confirmed copies

What is “issue” in estate law?

Petition to compel the production of a well

Petition to compel an accounting

Executor distribution prior to seven months

Can someone who lives outside the US be an executor

I want to make a will for my mother or father. How do I do that? (Exclude sibling) (make a will for my uncle or aunt) Yes logistics, but no substantive.

Can I pay for someone else’s lawsuit/court case?

NY scpa objections

Testator

Change an existing trust – decanting

Surrogate’s court note of issue

Executor stealing from an estate

Probate a will

Contest a will

intestate

fiduciary duty

Chase Citibank

No contest clause

Decree Granting Probate

Health Care Proxy NY

Pretermitted spouse
Medicaid household composition

Encroachment

Administrator cta

How to avoid creditors at death

Notice of Probate

Preliminary Letters

Administration cti

Limited letters

Will contest – probe

Lost will or trust

does a new york trust have to be signed by two witnesses?

My child’s father died

In terrorem clause

Get out of a trust

Lost will

Kinship

How to amend a will

Executor hiding information

I turned 35 and the trust should be terminated, but the trustee is not terminating the trust

Compel accounting

Executor not communicating with beneficiaries

HRA contacted my employer

Can there be criminal prosecution for HRA fraud

NYC HRA 375 pearl street

Hra – excessive income

Sexual harassment

New York probate lawyer

Left the house to a tenant

when beneficiary contest will who pays for the fees

when co executors disagree in new york

Pa kinship

Typical fee for kinship

Billing for services not provided

Paternity in an estate

Constructive Trust

Property is transferred out of the trust without beneficiaries approval

Trust for beneficiary receiving SSI

How do Medicaid Liens Work – Department of social services claim against an estate (letter in Vinokur file)

Executor living in the house

Medicaid for nursing home

Gift and loan

Bank foreclosing on reverse mortgage

how does a bond work

Estate disputes

Inheritance disputes

price for a NY trust

A letter of testamentary itself does not cost anything because it comes from the court. But if you are like most people, you would need to hire an estate lawyer to represent you in the probate process.

The document is actually called Letters of Testamentary, and it’s not a letter – it’s a court order. The confusion stems from the fact that Order used to be called Letter hundreds of years ago.

For a simple estate, it costs about $3,000 to get a letter of testamentary.

For an estate with routine complications, it costs about $8,000 to get a letter of testamentary in New York. These complications include

• Many parties to notify – having many parties to notify increases the cost of the letter of testamentary. This is especially true if the parties are in the state of New York, because in-state parties have to be notified by personal delivery through a process server. This problem can sometimes be avoided if the beneficiaries sign a waiver.
• Difficulties obtaining a bond – a bond is insurance against bad acts of the executor. If you don’t pass the credit check and are therefore unable to get the bond, then your attorney will have to serve as the administrator of the estate, which will increase the procedure involved and consequently will increase how much the letter of testamentary will cost.
• The need for an attorney to act as the administrator – if the attorney needs to act as the administrator, they would charge you extra for that service, increasing the cost of letter of testamentary.
• Difficulties with the death certificate – it can be difficult to obtain a death certificate or sometimes you would need to fix an error on the death certificate.

For an estate with major complications, it costs tens of thousands of dollars to get a letter of testamentary. An estate attorney will not offer a flat fee when complications are involved. Major complications include:

• A will contest. A will contest places the probate proceeding on a litigation track, and can take a lot of an estate attorney’s time and resources, thereby increasing how much the letter testamentary costs. A will contest will involve examination under oath of the attorney who drafted the will, the witnesses to the will, the person presenting the will for probate and anyone else with knowledge of the facts. It may involve obtaining and reviewing the decedent’s medical records in order to assess his capacity to make a will. A will contest can quickly turn into a long and involved lawsuit that can cost tens of thousands of dollars.
• A search for parties with unknown address– it can take 6 months to complete all the required research and publication required to notify parties whose address is unknown. This extra requirement of the attorney’s time increases the cost of the letter of testamentary.
• A search for unknown parties– can take a year or more to resolve. The courts are very particular about notifying every party who is in any possible way affected by the will, even if they are not even mentioned in the will. Courts often require the executor to show that an effort was made to search for parties even if they are not likely to be found, such as when they are the decedent’s far removed relatives from overseas who may not have even existed.

The extra time and resource requirements of the estates with major complications increase the costs of the letter of testamentary.

When you enter into a retainer agreement with the estate attorney representing you in obtaining letters of testamentary, the costs will be a part of the retainer agreement, and it will specify that the costs will increase in the event of complications.

This article is meant to give you a bird’s eye view of the factors involved. If you would like to know how much does a letter of testamentary cost in your particular case, you can give me a call and I will be happy to give you an estimate. You can reach me at (212) 233-1233.