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85 legal questions have been posted about trusts and estates 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 powers of attorney, charitable giving, and asset protection. All topics and other states can be accessed in the dropdowns below.
New York Trusts Questions & Legal Answers - Page 2
Do you have any New York Trusts questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 85 previously answered New York Trusts questions.
Trusts and Estates
New York

Recent Legal Answers

Do I have to use a lawyer in NY to put my father's house in my name and or to sell it?

Answered 7 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Trusts
Legally, no.  Typically, yes.
Legally, no.  Typically, yes.

Does a sole trustee have the ability to decide disputes between 2 beneficiaries regarding property ?

Answered 7 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Trusts
The trust governs the trustee's powers, but you can always sue if the trustee is acting badly.
The trust governs the trustee's powers, but you can always sue if the trustee is acting badly.

I now think I need to create a revocable TOD deed to my estate planning. I have a will created in 2006

Answered 7 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Trusts
There is no such thing as a "revocable TOD deed".  What you should do is based on tax issues and other estate issues not discussed in your post, although I think I know what you are trying to do.
There is no such thing as a "revocable TOD deed".  What you should do is based on tax issues and other estate issues not discussed in your post,... Read More

Can we invalidate our old will before making new one and if so, HOW?

Answered 7 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Trusts
The standard will has as its first line that all prior wills are revoked, so just do a new will.  You can revoke a will by destroying it or marking it revoked, but this is not required if you make a new will.
The standard will has as its first line that all prior wills are revoked, so just do a new will.  You can revoke a will by destroying it or... Read More

Can I resign as executor of an estate?

Answered 7 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Trusts
You can resign with a petition.  If everyone consents there is no court hearing and it is not expensive.  Or, just deed him the house to close the estate.  This may be an option, depending upon the terms of the will and your letters.
You can resign with a petition.  If everyone consents there is no court hearing and it is not expensive.  Or, just deed him the house to... Read More

I need to have an estate property that is still in probate partitioned.

Answered 7 years and 11 months ago by attorney Sharon M. Siegel   |   2 Answers   |  Legal Topics: Trusts
You cannot bring a partition action if your share is derived from an estate and you have no present title.  First, you must compel distribution of your title, then bring a partition.
You cannot bring a partition action if your share is derived from an estate and you have no present title.  First, you must compel distribution... Read More

How can I protect my interest (and my Mom) as one of three Benificiaries of parents estate, not the one that has Power of Attorney or Health Proxy

Answered 7 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Trusts
If they are alive, being a beneficiary of something after they die gives you no present rights.  After they die, you can seek records.
If they are alive, being a beneficiary of something after they die gives you no present rights.  After they die, you can seek records.

Are verbal agreements valid if witness by multiple people when it pertains to signing over a deed and when relinquisher is the will beneficiary?

Answered 7 years and 11 months ago by attorney Sharon M. Siegel   |   2 Answers   |  Legal Topics: Trusts
Who are you and what is your relationship here.  I am unsure what you want to happen and what did happen.  However, oral statements can never change a deed.
Who are you and what is your relationship here.  I am unsure what you want to happen and what did happen.  However, oral statements can... Read More

My Brother and I are Co successor trustees to a living trust created by my father. There is a house in new york city

Answered 8 years ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Trusts
It depends upon the terms of the trust itself.  Probably yes, but if the trust was drafted poorly, it could be no.
It depends upon the terms of the trust itself.  Probably yes, but if the trust was drafted poorly, it could be no.

As administrator

Answered 8 years ago by attorney Sharon M. Siegel   |   2 Answers   |  Legal Topics: Trusts
As administrator you can bring an eviction proceeding.
As administrator you can bring an eviction proceeding.

In New York State, does the absence of language mentioning the option to supplement a power of attorney with a SGR invalidate the POA?

Answered 8 years and a month ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Trusts
A gift rider does not need to be attached or referenced in a POA, as long as the rest of the POA comports with the form.
A gift rider does not need to be attached or referenced in a POA, as long as the rest of the POA comports with the form.

Two beneficiaries to property; brother (nonbeneficiary) squatted at prop

Answered 8 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Trusts
If you agree that he is still living there, then you need to formally evict him in court.  As you have an equal right of possession, I see no reason you cannot enter the house and take possession too.
If you agree that he is still living there, then you need to formally evict him in court.  As you have an equal right of possession, I see... Read More

My father died recently. Unbeknownst to me, I was appa named as joint trustee and have been asked to sell my interest for $1.00. What am I selling?

Answered 8 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Trusts
Sounds fishy.  You are asking the right questions.  Ask to see the trust documents.
Sounds fishy.  You are asking the right questions.  Ask to see the trust documents.

Transfer decedent's property

Answered 8 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Trusts
If you are the only heirs at law, you can do a deed for equal shares without probate.
If you are the only heirs at law, you can do a deed for equal shares without probate.

Can a revocable Family Trust be changed in a different state than its governed by?

Answered 8 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Trusts
There are two issues, choice of law and choice of forum.  The choice of law stays with the trust language, which is NM.  The forum is here.  If the trust was done right, you do not need court intervention, and you should be able to use the document to do what you need to do.  See what the banks, etc., require for you to act on the accounts.  If you run into problems, then you may need to bring a court proceeding here in NY.... Read More
There are two issues, choice of law and choice of forum.  The choice of law stays with the trust language, which is NM.  The forum is... Read More

My brother and I are cotrusties for my deceased parents trust. He will not pay my half of the home value. I have no money to fight him in court

Answered 8 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Trusts
Unfortunately, you are going to have to spend a little and get a lawyer to get a lot.  The terms of the trust govern.
Unfortunately, you are going to have to spend a little and get a lawyer to get a lot.  The terms of the trust govern.

If my primary beneficiary passes at the same time with me who gets the money my secondary bene or the heirs of the primary bene.

Answered 8 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Trusts
If literally the same time, your secondary gets the benefit.  As to the passing of one beneficiary, the other primary typically gets it but it depends on the documents.  If you want the second option, it can be done.
If literally the same time, your secondary gets the benefit.  As to the passing of one beneficiary, the other primary typically gets it but it... Read More

How do i get the value of my dad estate

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Trusts
Look at the petition filed in the Surrogate's Court.
Look at the petition filed in the Surrogate's Court.

Real Property Inheritance

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Trusts
You cannot just file an executor's deed.  An executor is an appointed position by the court.  If you are the sole next of kin, you can do a deed to yourselves, but that is not the best approach as when you sell or refinance, the title company for the buyer will have issues with this manner of conveyance, even if legally correct.  It is a simple administration.  Just do it.... Read More
You cannot just file an executor's deed.  An executor is an appointed position by the court.  If you are the sole next of kin, you can do a... Read More

Redeeming what's been renounced unlawfully

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   2 Answers   |  Legal Topics: Trusts
There is definitely an issue here, but you are right, you do not know how to explain it.  Contact a lawyer on the phone to help.  Documents need to be reviewed.
There is definitely an issue here, but you are right, you do not know how to explain it.  Contact a lawyer on the phone to help.  Documents... Read More

I want to make significant changes to my revocable Living Trust. Can't I simply have a new set of documents notarized and destroy the old documents?

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Trusts
Yes, but do the destruction in front of the witnesses to the new document.  We like to do destruction in our office as part of the ceremony of execution.
Yes, but do the destruction in front of the witnesses to the new document.  We like to do destruction in our office as part of the ceremony of... Read More

my father passed away a few years ago owned a house cars ect his girlfriend ( never married ) kept everything do i have case?

Answered 8 years and 9 months ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Trusts
If your father resided in New York, I can answer your questions. Where was he living when he died?
If your father resided in New York, I can answer your questions. Where was he living when he died?

I am about to settle out of court for 100,000. How do I set up a trust fund so welfare and medicaid can't touch my money and is that legal?

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Trusts
Call an attorney about setting up a special needs trust or supplemental needs trust.  Our office has done dozens of these in these situations.
Call an attorney about setting up a special needs trust or supplemental needs trust.  Our office has done dozens of these in these situations.

Need to keep my benefits

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Trusts
You need to have the settlement paid to a special needs trust.  I am surprised your attorney did not know about this.  If the settlement has not been paid, call a trusts and estates attorney ASAP.  The legal fee can be paid from the settlement.
You need to have the settlement paid to a special needs trust.  I am surprised your attorney did not know about this.  If the settlement... Read More

If I ask you to help me get a inhearitence from a web site with my name in it from London can you help me because I don't know what to do to get it .

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Trusts
Unless this is your real relative, this is a scam.  Stay away and do not send money or give personal information.
Unless this is your real relative, this is a scam.  Stay away and do not send money or give personal information.
Trusts and Estates
New York

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