Estate Planning Legal Questions

Putting your childrens' names on the title is giving them a gift.  This may disqualify you for Medicaid for months or years if you need it within five years of changing the deed. Putting your childrens' names on the title is not necessary for the home to not be counted in determining your eligibility for nursing home Medicaid. If you want your home to pass to your children free of Medicaid estate recovery, consult a local elder law attorney about a transfer on death deed.  You can find one near you using the website of the National Academy of Elder Law Attorneys (www.naela.org).  ... Read Answer

Hello. My name is Damien. I am a Trusts & Estates attorney in New York City practicing in the New York City metropolitan area. You do not mention whether your husband has living children. If so, you may have to open an estate proceeding. If he has no living children, you would inherit both properties by what is called "operation of law." If the motor home has a value of $25,000 or less, it automatically transfers to the surviving spouse. If the surviving spouse wishes to transfer ownership, according to the DMV, you must print the decedent’s name in the “Seller’s Name (Print in Full)” section on the back of the Title and sign their name in the “Seller’s Signature” Section followed by the words “as surviving Spouse”. For the house, you would file a petition with the county property records department to transfer the title into your name. If he had children, then you may have to open an estate proceeding if the house is worth more than $50,000. If you need any assistance, a New York Trusts & Estates Attorney could help you. If you wish to speak on the phone about it, you can call Damien Bosco, P.C. at (646) 452-7082 or email me at DamienBoscoEsq@gmail.com... Read Answer

The person who inherits the home would take it subject to the mortgage.  If the lender choose to rely on that person's credit, he may pay off or refinance the mortgage.  If not, the home will be foreclosed on to pay off the mortgage.  Be sure to specify whether you want any proceeds which may be realized after the sale to pass to that person.... Read Answer

Hello. My name is Damien. I am an attorney in New York City practicing in the New York City metropolitan area. Your mother has a right to designate in a will who will get her personal property upon her death. She can split the property as desired among heirs or beneficiaries. Also, she has a right to gift personal belongings now. If she lacks capacity or someone is unduly influencing her to make decisions about gifting or bequeathing her property, that could be an issue of a dispute. In these situations, it is best for testators to put their wishes in writing in a will. If later it is determined the testator did not have the capacity to execute the will or was unduly influenced, then that would be a subject of an estate dispute. If you need any assistance, a New York Trusts & Estates Attorney could help you. If you wish to speak on the phone about it, you can call Damien Bosco, P.C. at (646) 452-7082 or email me at DamienBoscoEsq@gmail.com... Read Answer

Hello. My name is Damien. I am an attorney in New York City practicing in the New York City metropolitan area. For estate administration and probate issues, you would want a Trusts & Estates (T&E) Attorney. T&E attorneys handle, not only estate planning, but also estate administration and probate as well as, in most cases, estate litigation. Generally, when someone dies, the executor, if there is a Will or an heir will become the personal representative of the estate upon petitioning the court. So, an heir could attempt to review the court file to determine the status of a proceeding or attempt to request an accounting of the proceeding informally from the personal representative, or through a petition to the court for an accounting. If you need any assistance, a New York Trusts & Estates Attorney could help you. If you wish to speak on the phone about it, you can call Damien Bosco, P.C. at (646) 452-7082 or email me at DamienBoscoEsq@gmail.com... Read Answer

A Will states who you want to get what.  This may or may not be different from your state's laws of inheritance.  If you have a small estate (as your state law defines it), it will be cheaper to settle it without a Will, using a Small Estate Affidavit.  If not, it will cost more as the court will have to determine who your heirs are.... Read Answer

There are normally three grounds for contesting a Will:  fraud (such as forgery), lack of legal capacity to make a Will, and undue influence.  Your description indicates none of these.  Rather, it indicates that writing you out of the Will was for a long time a part of your mother's estate plan.  Whether you can recover something from the estate for your expenses and your services is another matter.  Please contact a probate attorney who handles fiduciary litigation in the county in which your mother's Will will be probated, bringing all receipts and records of what you spent and the services you provided.  Keep in mind that your mother's decision may have been based not on a lack of regard for you but on a concern that your brothers would need the money.... Read Answer

After the Affidavit of Heirship has been recorded by the county clerk, the three children of your deceased grandparents can each sign a Special Warranty Deed of Gift deeding their interest to you and record these with the county clerk.  It is not a DIY project.  It is also not expensive.  Hire an attorney to make sure that it gets done right.  Neither occupancy nor paying taxes gives you any ownership interest.... Read Answer

This varies by whether you only need a codicil (amendment) or a new Will.  If your Will is several years old, it likely does not address important changes in the law.  Your situation, too, may have changed.  This also varies by location and attorney.  Please discus it with some estate planning attorneys in your area.... Read Answer

The paralegal who drafted the will was practicing law without a license.  But suing her after your mother is gone won't help you.  You are absolutely correct that the Will should provide that anything which is to go to a disabled person should instead go to a special needs trust for their benefit.  The attorneys who have advised you to "get your mother to see an estate attorney to fix it" are also right:  the only person who can change her Will is your mother.... Read Answer

Hello. My name is Damien. I am an attorney in New York City practicing in the New York City metropolitan area. It sounds like either you do not have access to your father's residence prior to his death to search his files and records, or you do have access and cannot find the original will or copy of the will. If there is a will, he should have kept either the original in his possession (in his files) or a copy of it. If there is a copy of it and an attorney drafted the will, then you would check to see if the attorney has the original will. Another possibility is that your father filed his will with the Surrogate's Court. It is not necessary to do so. However, a person could file their will prior to death with the surrogate's court clerk. So, you could check with the Surrogate's Court to see if there is a will on file. If you need any assistance, a New York Trusts & Estates Attorney could help you. If you wish to speak on the phone about it, you can call Damien Bosco, P.C. at (646) 452-7082 or email me at DamienBoscoEsq@gmail.com... Read Answer

Hello. My name is Damien. I am an attorney in New York City practicing in the New York City metropolitan area. It could be possible for you to inherit the funds if you are the successor beneficiary on the account if your father is the designated beneficiary. He could disclaim the funds and then the funds would go to you.  If you are not listed as a successor beneficiary, he can still disclaim the funds. The funds would go into your grandfather's estate. Generally, an heir or beneficiary of an estate can disclaim or renounce a bequest if the beneficiary or heir never has never taken receipt of the money. If your Father is the named beneficiary on the bank account, then possibly the bank could inform him of what the bank needs from him to disclaim the funds. If he is not the designated beneficiary or you are not the successor beneficiary of the account, then your Father or another heir would have to become the fiduciary of the estate wherein your Father would have to renounce his property interest and that money would then be distributed to the heirs of your grandfather other than your Father. If you are the only heir (meaning your grandfather had no other living children at the time of his death), then the money could go to you. If you need any assistance, a New York Trusts & Estates Attorney may be able to help you. If you wish to speak on the phone about it, you can call me at (646) 452-7082 or email me at DamienBoscoEsq@gmail.com... Read Answer

After the court appoints an administrator (you, if you applied), the administrator can distribute separate personal property to the children according to the Texas rules of inheritance.  If you are the applicant, you might also want to talk to your attorney about setting aside the home and up to $60,000 in personal property for the widow (you) and about the fact that property purchased during the marriage is assumed to be community property unless proven otherwise.  These days a lot of folks feel entitled to "their" money and stuff before the body is cold.  But no one has authority to distribute anything until a court appoints them executor of a Will or administrator of an estate or signs an Order Approving Small Estate Affidavit.... Read Answer

As Mr. Weiss said, there is no hard and fast deadline generally speaking.  However, timing can be a significant issue depending on the assets in the estate, any debts which may have been owed, or if your mother received state assistance prior to her passing.  I suggest you sit down with a qualified estate planner to review the situation and give you a more detailed answer.  ... Read Answer

A quit claim deed does not transfer title.  It merely announces that someone quits making a claim to, say, an easement over their neighbor's driveway.  To transfer title you will want a general or special warranty deed.  You may also want to talk with a local residential real property attorney to make sure that the deed is properly drafted and recorded.... Read Answer

While many lawyers are meeting clients by Zoom during the pandemic, there is no typical price because there is no typical situation.  You will want to dictate burial terms outside your Will because a Will has no legal effect until a court admits it to probate, probably at least a month after you die.  There are many kinds of trusts.  All but contingent trusts (eg contingent on a beneficiary being a minor) are documented separately from the Will.... Read Answer