Peter Vincent Arcese’s Answers

Peter Vincent Arcese

New York Estate Planning Attorney.

Contributor Level 7
  1. What can i do to make it mine

    Answered almost 2 years ago.

    1. Michael Leo Potter
    2. Peter Vincent Arcese
    3. Matthew Erik Johnson
    3 lawyer answers

    As Mr. Potter notes, speak to an Elder Law attorney. Any transfers of assets may have an effect on eligibility for Medicaid and other benefits programs. In addition, NYS recently changed the laws on powers of attorney where gifts are involved, especially where the gift is to the agent under the power. It's very important for all involved to seek specific legal advice.

    3 lawyers agreed with this answer

  2. How likely is it that Maine Estate Recovery will pursue a claim against an Estate with an out of state Personal Represenative.

    Answered almost 2 years ago.

    1. Eric Edward Rothstein
    2. Peter Vincent Arcese
    3. Eric Jerome Gold
    3 lawyer answers

    This area of law is especially state and even locally specific. Since estate recovery is a hot issue due to budget cutbacks, I suggest you consult with a Maine estates &/or elder law attorney, even though the estate is small. You might try a member of the National Academy of Elder Law Attorneys (NAELA) who handles estate recovery issues.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. How do I get a copy of my dads will? He died almost 3 years ago in another state. I think some crap is being pulled

    Answered almost 2 years ago.

    1. Peter Vincent Arcese
    2. Joseph Franklin Pippen Jr.
    3. James P. Frederick
    3 lawyer answers

    You could check with an attorney in the relevant state if there is a court proceeding to compel production of a Will. In NY, we have a proceeding under SCPA Section 1401, so you might see if there is a similar proceeding available. In addition, concealing a Will can be a very serious thing. Again, in NY, unlawfully concealing a Will can be a felony.

    4 lawyers agreed with this answer

  4. Looking for Trusts and Estates attorney in NY

    Answered 19 days ago.

    1. John P Corrigan
    2. Eric Edward Rothstein
    3. Peter Vincent Arcese
    4. Shelley Ann Elder
    5. Alejandro Vera
    6. ···
    6 lawyer answers

    You'll generally find that most attorneys in NY with a significant T&E concentration are members of their local county bar association and the New York State Bar Association.

    2 lawyers agreed with this answer

  5. My husband and I own a condo in New York city. We are considering placing it in a trust. What are the pros and cons?

    Answered 21 days ago.

    1. Eric Edward Rothstein
    2. Steven M Zelinger
    3. Emanuel Kataev
    4. Peter Vincent Arcese
    5. Brian A. Raphan
    5 lawyer answers

    Consider all the factors in the responses here. A trust, once established, may provide benefits in continuity of management, especially when the settlor and/or beneficiaries are out of state or overseas. There are also many tax related issues in using a trust to consider. A key decision will be whether a revocable or irrevocable trust will best suit your goals. Another essential issue is to get clear on what would be involved in transferring the condo to the trust. The building must be...

    2 lawyers agreed with this answer

  6. Is Surogate Court expensive for probating will? Is my mother's will legal since it is hand written and not notorized?

    Answered almost 2 years ago.

    1. Joseph Jonathan Brophy
    2. Peter Vincent Arcese
    3. James P. Frederick
    3 lawyer answers

    You'll need a lawyer to take a look at the Will and see if it meets the formalities of execution to be valid. Some local Bar Associations and law school clinical programs have events (sometimes monthly) where you can go in and have a document reviewed pro bono. You might check those in or near your county. It's worth calling to find out.

    2 lawyers agreed with this answer

  7. In publishing book, need I change first/last name of executor who raided our mother's estate and ignored terms of her will?

    Answered almost 2 years ago.

    1. Peter Vincent Arcese
    2. James P. Frederick
    3. Eric Jerome Gold
    3 lawyer answers

    By all means, the book should be "vetted" by an attorney experienced in publishing law and defamation, not only for protection from liability for defamation, but to make it publishable and marketable down the road. A publisher that might otherwise be interested in picking up the book if sales go well, will not be looking to pay an advance to take on a lawsuit.

    2 lawyers agreed with this answer

  8. NY state trust accounting

    Answered 3 days ago.

    1. Alfred Polizzotto III
    2. Peter Vincent Arcese
    3. Shelley Ann Elder
    3 lawyer answers

    A beneficiary generally has the right to compel a formal accounting. If the trustee has managed the trust well over its terms, the accounting protects the trustee and fulfills their fiduciary obligations, while providing detailed information about how the trust was administered.

    1 lawyer agreed with this answer

  9. Is it lawful for an administrator to distribute funds from the estate to family before the estate balance is fully calculated?

    Answered 3 days ago.

    1. Dana Whitney Atchley
    2. Peter Vincent Arcese
    3. Bonnie Klein Rhoden
    3 lawyer answers

    An administrator of an estate has an obligation to account to those who have an interest in the estate. Distributions, when appropriate and prudent, are sometimes made during the course of an estate administration, and while the estate is still open to wind up estate matters. The estate can be settled either formally by a judicial accounting or through less formal alternatives. Accounting proceedings can be brought in the Surrogate's Court where the estate is being handled. They can be...

    1 lawyer agreed with this answer

  10. Can a family member serve as a witness to the signing of my will?

    Answered 21 days ago.

    1. Joseph Kenneth Lacome
    2. Peter Vincent Arcese
    3. Brian A. Raphan
    3 lawyer answers

    A family member is generally not disqualified from being a witness. As long as the formalities of a proper will execution are followed, and there are no other issues, such lack of capacity, fraud, or duress, a will should be valid, even if one of the necessary witnesses is a family member. A witness who is a beneficiary may have to forego their gifted there is not a sufficient number of additional witnesses. Witnesses often sign a "self-proving" affidavit swearing to the propriety of the Will...

    1 lawyer agreed with this answer