New York Estate Planning Legal Questions

It depends. You need to be more specific. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.... Read More

If you were his closest heir you would be in a position to not only inherit but to be executor. I would consult with a local estate attorney. He could write this person and if necessary help you open an estate. Once the estate is open these items would be, based on what you say, be estate property and she could be prosecuted for keeping them.... Read More

These are the questions that you should be asking the attorney that prepares your will, as your estate plan will include addressing how your estate debt (mortgage) is paid. Additionally, a felon can not be an executor of a will. You should consult with counsel. Gerry Wendrovsky, Esq.,- Upper West Side Estate Lawyer www.upperwestsidelawyer.com... Read More

Technically, a creditor must file a claim with the Surrogate's Court within 7 months from issuance of letters. An Executor is also responsible for claims that he/she had reasonable notice of. The way of truly protecting yourself is to file a Voluntary Accounting on notice to anyone you have reasonable notice of and getting a decree from the court.... Read More

Without reviewing the document that formalized the life estate, the life estate is 'an interest in real property held by a party during his or her lifetime with the exclusive right or possession, control and enjoyment'. Monies that were expended to protect that life estate would be reimbursable. The question appears to be from whom- it would be difficult to oppose your request you be reimbursed from your father's share. Gerry Wendrovsky, Esq.- Upper West Side Estate Lawyer www.upperwestsidelawyer.com  ... Read More

You can't. You and your husband can do a unified estate plan, including a "contact not to change the will." This won't stop your spouse from getting re-married, in which case the new spouse will have an "elective share" claim in spouse's estate, so at least some of your joint assets go to new spouse. Also, your spouse could change the will, leaving your child with a breach of contract action against his parent, which many people won't exercise. You should see an estate planning lawyer to get this put together as well as it can be put together.... Read More

Go back to your family law lawyer to obtain a modification your divorce decree, to obtain your former husband's agreement, to set up an estate plan, (trust), with your daughter named as beneficiary of his estate. If your husband does nothing, i.e no will or trust, no estate plan, then his estate goes to your daughter, except the acquisitions during his second marriage. A policy of insurance on his life for the value of the assets in question may be a solution.... Read More

In California, a will must be probated unless the probatable estate is small enough, under $150,000, to be distributed pursuant to a declaration procedure. The "probatable estate" does not include property held in joint tenancy or which passes to a designated beneficiary (e.g., life insurance) or pursuant to a "pay on death" arrangement with a financial institution. Probate is usually necessary when there is real property standing only in the name of the decedent. If probated, there is a creditor claim procedure which determines which, if any, creditors get paid and how much. Yes, it is common practice to have an attorney represent the personal representative and the estate in a probate case.... Read More

I am sorry for your loss. If nothing is done then the funds will eventually escheat to the State of New York. It is unfortunate that all $300,000.00 was spend on nursing home care. With proper planning she could have gotten Medicaid benefits much earlier and at least $100,000.00 could have been preserved and passed to family members.... Read More

Yes - but title to the house can't be legally transferred (or sold) to anyone without a probate proceeding being commenced - and someone being appointed Personal Representative. The house may have to be sold to pay funeral, administrative and other expenses - leaving cash to be distributed to heirs - which it sounds as if both you and your brother are. So I'd advise you to consult with an attorney to learn more and protect your rights.... Read More