New York Estate Planning Legal Questions

This is something you really need to meet with an estate planning attorney about. The BEST way to do what you are trying to do is through a Trust. Whether or not it can be done completely depends on the circumstances. You CANNOT do what you are trying to do through a Will. It will not work.... Read More

The answer may depend on how the house was titled and if you have to go through probate/administration. The hospital may also have its own definition of estate. It may make sense to get a lawyer involved in order to negotiate with the hospital and I therefore advise that you speak to counsel.... Read More

I would not look so much at what it will cost but rather the qualities of the attorney who prepares it (or what it would cost if it's done wrong!). Look for someone with significant estate planning experience.  Certified Specialists are good and also look for attorneys, on lawyers.com, who are rated "AV."  Attorneys charge different everywhere.  I should think you can get a good insurance trust done for about $2,000-$3,000.  Good luck.  -John... Read More

You should see an attorney who can seek to have a Guardian appointed for your mother. At least that will bring her before the Court who then has the power to direct your sister to allow you to see your mother. But there must be some sort of a law suit in order to give the Court jurisdiction over your mother and your sister. Good luck.... Read More

Hello, I'm sorry for your situation. Usually, the inheritance travels to a remaining sibling before the spouse of a specific bequest to a person who pre-decesases the last person to die. However, it would be best if you spoke to an estate attorney near you to make a final determination with you.... Read More

If you are a beneficiary or potential beneficiary, you can challenge the will but you will have to show that it was not proper under the law or that a more recent will exists. However, to show the latter, you will have to actually find the more recent will. There is no one place that wills can be found. You should check desks, file cabinets, bank safe deposit boxes, safes, and attorney's offices where you think the deceased may have done business.... Read More

You should consult a probate attorney in your area. I do not believe that your brother has the ability to sell the home now, as it belongs to your mother's estate since the date of her death. In all likelihood, an estate will have to be opened, as the property will have to be transferred by a Personal Representative's Deed.... Read More

More information regarding how title to the property is held is needed in order to accurately answer your question. For example, if title was held "as husband and wife", which is called a tenancy by the entirety, then a deed may not be necessary because title passed to you automatically upon your wife's death. On the other hand, if title was held as tenants-in-common, then a deed may be necessary to transfer her interest to you.... Read More

You could disclaim (renounce) some of all of your inheritance. Unless the Will provides otherwise, the disclaimed property will go as if you had predeceased your relative. If it would then go to your children, they could also disclaim. If you have grandchildren who would then take, they could also disclaim. It is often possible to obtain court approval to disclaim on behalf of a minor. Keep in mind that the due date for a disclaimer is 9 months from date of death (or 9 months after reaching age 21, if later), and it takes some time to prepare the necessary papers (and to obtain court approval for disclaimers on behalf of any minors).... Read More

You are in a difficult position. Probably the time to have started asking these questions was in April of 2010 when your father died or when the home was sold or when your mother died, or all of the above. There should be records that you may be able to access to show what the house was sold for in June, 2010 (usually the consideration paid is stated in the deed). He should be able to account for that amount. The probate court where your mother's estate was filed may be able to provide some information. Your brother has not done himself any favors by claiming to have discarded all records within 8 months of your mother's death. It is likely that you will need the assistance of an attorney and also that you will likely have to pay an attorney to pursue this issue of an accounting. Unless you think there is some significant amount involved, as much as you want the information and an accounting, you may not get very far. If you mother's estate is not yet closed, your brother will have to send you notice of his filing of an application to close the estate and, in response to that notice, you can request a hearing before a judge to ask for a formal accounting. You are the one who has to decide how important this is to you and if you are prepared to venture the costs involved.... Read More

You should speak with a probate attorney. Your aunt's estate probably needs to be probated in the State where she resided to obtain an order in favor of your mother. If her estate was already probated, you will probably need to reopen her estate to address the inheritance. Since your mother had not put the inheritance in her trust before death, you will probably need to probate her estate as well to fund the trust. If her estate was probated already, you will probably need to reopen it. Since she had a trust you may have avoided probate in the past, but this new asset will need to be probated.... Read More

First, all debts of the estate must be paid, then all specific bequests must be paid, then all residuary money may be distributed according to the dictates of the Will. If the Executrix gave away theresiduary money first, thinking it was going to be hers anyway and there was not enough to pay the previous debts and specific bequests, then she is personally responsible forany losses to any specific bequests or debts. Speak to a local estate lawyer for further information and details.... Read More

By placing his name on title she may have made a gift to him. She should consult an attorney to discuss her options. She may not be able to get back the she gifted unless he agrees. Again she needs to consult an attorney. We charge $100 for a one hour consultation with an attorney who will provide you with important information regarding your specific case and will able to advise your mother on the options that she should consider in determining her next steps.... Read More