New York Estate Planning Legal Questions

If the will was properly executed, unless you can prove that the boyfriend coerced or unduly influenced her into leaving him her half of the duplex, you probably cannot contest the will- especially if there's a no-contest clause, which would generally provide that you lose your share if you challenge the will. It is important to have the will or a copy reviewed by an attorney to make sure it was properly executed.   ... Read More

You need a will, and probably a power of attorney and other estate planning documents. You need to decide how you want your assets and belongings to be distributed when you are gone and a last will and testament will ensure that happens. In the absence of a will, your partner will get nothing unless you have joint bank accounts or real estate held as joint tenants with rights of survivorship. In that case the share of the person who passes away first goes to the other joint tenant. You also need to make decisions about who you want to make health care and financial decisions for you if you cannot do so- your partner or your child. A power of attorney appoints a person (or persons) to make financial decisions and other non-medical decisions and tasks for you and is only valid while you are alive. A health care proxy appoints another person to make healthcare decisions for you if you are unable to do so. A living will is a useful document to give instructions to your health care proxy, or directly to a doctor or hospital if you are unable to do so.  If you married, whether or not you have a will, your spouse is entitled to the first $50,000 or one-third of your net assets, unless you sign a pre-nuptial agreement that specifies otherwise, as well as a car up to $25,000 in value, cash up to $20,000, personal belongings and clothing up to $20,000 in value, and books, records, photos up to $2,500 in value.   ... Read More

That was suggested because sometimes there's a conflict between the husband and wife, making it ethically improper for the same attorney to represent both. However, it all depends upon your particular set of facts and circumstances and your individual wishes as to the preferred estate plan. You and your husband should consult with an estate planning attorney to get the answer now that the financial advisors made the suggestion.... Read More

Your situation seems like it can be resolved with Small Estate proceeding.  After doing this relatively simple DIY step with the Court, I would ask that they issue a new check in the Estate's name.  You will have the authority to deposit the check as the Voluntary Administrator. Here are some information from the Court's website. The small estate administration is a simplified court procedure available if the person who died did not have many assets. You can ask the Surrogate's Court to let you divide and give away their property to people who have a legal right to inherit.  To do this you need to file a form called an "Affidavit of Voluntary Administration," also known as the "small estate affidavit."  This free program will help you create the affidavit that you will need to file in Surrogate's Court.  https://www.nycourts.gov/courthelp/DIY/smallEstate.shtml... Read More