×
Go back to Martindale-Avvo ➔

New York Estate Planning Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
155 legal questions have been posted about estate planning by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
New York Estate Planning Questions & Legal Answers - Page 4
Do you have any New York Estate Planning questions page 4 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 155 previously answered New York Estate Planning questions.
Estate Planning
New York

Recent Legal Answers

Will the IRS take the home left to my brother in a will? How?

Answered 10 years and 6 months ago by Christine Sabio Socrates (Unclaimed Profile)   |   12 Answers   |  Legal Topics: Estate Planning
If her son has an IRS debt, they can go after the home if it put in his name. I would recommend putting the home in a trust that will protect the home until he is ready to take ownership after the mother's death. This should be done while she is living.
If her son has an IRS debt, they can go after the home if it put in his name. I would recommend putting the home in a trust that will protect the... Read More

What are the things needed to be done on a social security disability and Medicaid application?

Answered 10 years and 7 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
You can speak with the agency that is providing services to your son for guidance. If you get no assistance that way you should consult with an attorney in your area that handles Medicaid applications. Look for attorneys that handle Estate Planning and Elder Care issues.
You can speak with the agency that is providing services to your son for guidance. If you get no assistance that way you should consult with an... Read More

Can my quitclaim deed be notarized in a state different from the property location?

Answered 10 years and 7 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
That would be a yes.
That would be a yes.

If my parents have both passed away and ruck and tractors are being appraised for value, do I have a right to see the appraisals?

Answered 10 years and 7 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Yes, you have a right to see the appraisals. Speak to the attorney handling the estates.
Yes, you have a right to see the appraisals. Speak to the attorney handling the estates.

Does marraige change a will?

Answered 10 years and 7 months ago by Alice Jakyung Choi (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Hi there, The estate will be distributed according to the Will, but your step-mother can file a right of election, which means she will be entitled to $50K or 1/3 of the net estate, whichever is greater.  Alice Choi, Esq. (achoi@novicklawgroup.com)  
Hi there, The estate will be distributed according to the Will, but your step-mother can file a right of election, which means she will be entitled... Read More

Is a Will drawn up in one state still valid for probate in another state?

Answered 10 years and 8 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Yes. Although laws can differ from state to state.
Yes. Although laws can differ from state to state.

What does my mother have to do to change a will if the attorney who made it is probably deceased?

Answered 10 years and 8 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Go to another lawyer to get the work done.
Go to another lawyer to get the work done.

How could I deny property inheritance?

Answered 10 years and 9 months ago by Erven T. Nelson (Unclaimed Profile)   |   12 Answers   |  Legal Topics: Estate Planning
You could file a document with the probate court stating that you do not want the property. Or, if there is a mortgage you could contact the lender and offer to give it a quit claim deed to the property in exchange for a few thousand dollars.
You could file a document with the probate court stating that you do not want the property. Or, if there is a mortgage you could contact the lender... Read More

How do I get the auto in my name if there is no will?

Answered 10 years and 10 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
You haven't given enough information for a detailed answer. However, go to the DMV, tell them the facts and ask how you can get the Title to the car in your name.
You haven't given enough information for a detailed answer. However, go to the DMV, tell them the facts and ask how you can get the Title to the car... Read More

If I pay the taxes on the house, would I get the money back when the estate is split among the heirs?

Answered 10 years and 11 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
You should have a written agreement with the other heirs about you advancing the funds to pay the taxes and their agreement to reimburse you from estate funds. However, I don't know enough about the estate to know if there are other issues of concern.
You should have a written agreement with the other heirs about you advancing the funds to pay the taxes and their agreement to reimburse you from... Read More

Is the house not part of my father’s estate and already belongs to my sister because she has lived in it for so long?

Answered 11 years ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
She's not right if you are right about the Will.
She's not right if you are right about the Will.

What is considered to be a common law marriage?

Answered 11 years and 4 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
There is no common law marriage in New York State. It is not legal.
There is no common law marriage in New York State. It is not legal.

How do I change the name on my birth certificate to the name I have been using all my life?

Answered 11 years and 4 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
You have to file a Name Change Proceeding in court.
You have to file a Name Change Proceeding in court.

Can an IR be structured with me as donor and effectively also as trustee, such that notwithstanding the assets transfer to the trust?

Answered 11 years and 5 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
It's a more complicated situation than the information given in your question. You have to consult with an experienced attorney who will ask you many questions in order to determine the best way to achieve your goals.
It's a more complicated situation than the information given in your question. You have to consult with an experienced attorney who will ask you many... Read More

What can be done if my father passed with two homes and the step mother got both?

Answered 11 years and 5 months ago by Nathan James Wagner (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
You should talk to a local probate attorney. Your father's unsigned will is not effective. Your mother's will may make a difference, but what does it say? If it leaves the house to your father, then her will does not help you. You need to find out whether her will leaves the property to you and your sister. Also, be aware that if the property was deeded to your mother as "joint tenants", then it would automatically go to the other joint tenant when she died. In that case, her will does not affect who gets the property.?... Read More
You should talk to a local probate attorney. Your father's unsigned will is not effective. Your mother's will may make a difference, but what does it... Read More

Is there a way to either get the property over shares or some other option so it doesn't hurt us financially when the time comes to exact her will?

Answered 11 years and 7 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
You must consult with an attorney that handles estate planning matters. It shouldn't hurt you financially in taxes. You just have to have the work done properly.
You must consult with an attorney that handles estate planning matters. It shouldn't hurt you financially in taxes. You just have to have the work... Read More

Does a will get probated where a person lives or dies?

Answered 11 years and 8 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Where the deceased was domiciled. In your example, New York.
Where the deceased was domiciled. In your example, New York.

What can we do if the executor never settled estate?

Answered 11 years and 8 months ago by Bruce Darrell Steiner (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
You could file a proceeding in the Surrogate's Court to compel him to file an accounting.
You could file a proceeding in the Surrogate's Court to compel him to file an accounting.

can you sue a exboss for allowing another employee harras or bully other employess to the point of making them leave the job bc nothing is being done

Answered 11 years and 10 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Based upon the information you have provided, it is possible that you have a hostile work environment client. You should consult with a qualified employment attorney to examine your options. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com
Based upon the information you have provided, it is possible that you have a hostile work environment client. You should consult with a qualified... Read More

Is the spouse of a deceased homeowner also the homeowner?

Answered 11 years and 11 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Not necessarily. The answer will depend upon facts such as, did the wife add the husband to the deed and how, did the wife have a last will & testament and if so, what does it provide, if the wife died without a will are there any children of the parties, etc.
Not necessarily. The answer will depend upon facts such as, did the wife add the husband to the deed and how, did the wife have a last will &... Read More

Can she legally go behind my back as the executor of the will and sell the home?

Answered 11 years and 11 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
As the Executor you are in control. The Executor is the only one able to sign a deed to transfer title.
As the Executor you are in control. The Executor is the only one able to sign a deed to transfer title.

When my grandmother passed, does the shares go solely to my aunt or are my mom’s children entitled to her half?

Answered 11 years and 11 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
You can forget about the notarized letter as it is not legally sufficient to act as a Will. However, according to the facts you set forth your Mother's children would be entitled to half.
You can forget about the notarized letter as it is not legally sufficient to act as a Will. However, according to the facts you set forth your... Read More

What document do I need to get for us to be able to sell the property?

Answered 12 years ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
If your parents did not have Wills then someone has to petition the Surrogates Court for Letters of Administration.
If your parents did not have Wills then someone has to petition the Surrogates Court for Letters of Administration.

What can we do if our lawyer is telling us to waive our mother rights to our late brother's estate or get another lawyer?

Answered 12 years and a month ago by Ronald A. Steinberg (Unclaimed Profile)   |   16 Answers   |  Legal Topics: Estate Planning
Get another lawyer.
Get another lawyer.

Can you use items in an estate without permission that do not belong to you?

Answered 12 years and 2 months ago by Victor L. Waid (Unclaimed Profile)   |   16 Answers   |  Legal Topics: Estate Planning
Requires court permission/order.
Requires court permission/order.
Estate Planning
New York

Helpful Resources