Thomas Sciacca’s Answers

Thomas Sciacca

New York Estate Planning Attorney.

Contributor Level 8
  1. If I died, and came back to life, can I collect life insurance?

    Answered about 1 year ago.

    1. James P. Frederick
    2. Thomas Sciacca
    3. Celia R Reed
    4. Jayson Lutzky
    5. Robert K. Erlanger
    6. ···
    7 lawyer answers

    That would be a pretty neat trick!

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. N.Y.S. DOES THE LAWYER WHO DREW UP THE WILL NEED TO BE RETAINED FOR THE PROBATE PART?

    Answered about 1 year ago.

    1. Thomas Sciacca
    2. Roman Aminov
    3. Celia R Reed
    4. Carolyn Lewin Weiss
    5. John P Corrigan
    6. ···
    7 lawyer answers

    The nominated Executor can hire any attorney he/she chooses. You will need to present the original Will to the Surrogate's court. Who has it, you or the attorney?

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. 3 Siblings not speaking, Mom died 4 months now. No will. Assets included sale of house to be divided when mom passed. Help!

    Answered 12 months ago.

    1. Thomas Sciacca
    2. Celia R Reed
    3. James P. Frederick
    3 lawyer answers

    You should apply to the Surrogate's Court for Letters of Administration, or have an attorney do that for you.

    7 lawyers agreed with this answer

  4. How much longer will estate take to settle?

    Answered about 1 year ago.

    1. Celia R Reed
    2. Peter J Weinman
    3. Thomas Sciacca
    4. Jason W. Stern
    5. Joseph Franklin Pippen Jr.
    6. ···
    6 lawyer answers

    Every Estate is different. However, a general timeframe to administer an Estate is between 18 and 24 months. I agree that this attorney does not represent you - he represents the Executor of the Estate. However, part of the Executor's job is keeping the beneficiaries informed as to the status of administration. If you want to have some more pull, you can always threaten to file a proceeding in the Surrogate's Court to compel an accounting from the Executor. This will result in a...

    7 lawyers agreed with this answer

  5. How can I ensure that a NY Durable Power of Attorney will be fully honored in Florida, including for real estate transactions?

    Answered about 1 year ago.

    1. Thomas Sciacca
    2. Joseph Michael Pankowski Jr
    3. Gregory Herman-Giddens
    3 lawyer answers

    In general, all states will honor a validly-executed New York power of attorney. If you plan on spending substantial time in Florida, or conducting substantial business there, perhaps you should also consider executing the Florida form.

    7 lawyers agreed with this answer

  6. I am going to be receiving a share of aunt's estate. Do I need to hire a lawyer, and how do I know what my share would be?

    Answered about 1 year ago.

    1. Ian William Maclean
    2. Thomas Sciacca
    3. Charles Adam Shultz
    4. Celia R Reed
    5. Michael Todd Shilinski
    6. ···
    6 lawyer answers

    It may be worth your while to consult with an attorney, even if you don't end up hiring one in the long-run. An experienced attorney can review all of the documents, lay out your options, and give you a roadmap towards what you can expect. Many attorneys (myself included) offer a one-time fixed fee consultation for just this type of situation. Many times, you don't need an attorney for further advice, but it is nice to have an attorney on-hand should you choose to use his/her services going...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Question about the duties of two co-trustees

    Answered about 1 year ago.

    1. Thomas Sciacca
    2. Edwin Drantivy
    3. Charles Adam Shultz
    3 lawyer answers

    Both trustees have an equal fiduciary duty to manage the trust assets. Just being passive does not shield from liability. I would suggest consulting an attorney here. Good luck.

    Selected as best answer

  8. Stop attorneys from over billing estate. NY has no guidelines. Only public admin. Who's protecting us? Estates 8 million

    Answered about 1 year ago.

    1. Thomas Sciacca
    2. Jayson Lutzky
    3. James P. Frederick
    3 lawyer answers

    Assuming you are a beneficiary, you have two major options, provided that your inheritance is affected by the legal fees. For example, beneficiaries who receive a stated cash sum are not affected by legal fees (any other expenses), and have no ability to contest them. Some options if legal fees affect you (ie, if you are a residuary beneficiary whose share decreases as legal fees go up): 1. Accounting. During the accounting stage of the Estate, the Executors will give you a full account...

    6 lawyers agreed with this answer

  9. How to get guardianship of a relative who has a power of attoney, who is abusing his privileges.

    Answered about 1 year ago.

    1. Thomas Sciacca
    2. Ruth Elaine McMahon
    3. James J. Ruggiero Jr.
    4. Veleka Eskinde
    4 lawyer answers

    The outcome of this situation is very fact-dependent, but here are some initial impressions: 1. If your aunt still has the capacity to do so, she can revoke the existing POA, thus ending the agency's authority to act. 2. If your aunt lacks capacity, someone can bring a guardianship proceeding. In such a proceeding, the Court can review the agency's actions and, if abusive, can revoke the POA in favor of an appointed guardian. Be wary about bringing such a proceeding - it would be a very...

    6 lawyers agreed with this answer

  10. How kind of document will my brother need for the bank in order for the bank to talk to him about my deceased dad mortgage acct

    Answered over 1 year ago.

    1. Thomas Sciacca
    2. Joseph Michael Pankowski Jr
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    The bank will only speak to the Administrator (you) or your designee. Call the bank and see if you can authorize them to speak to him. If your brother assumes the mortgage, you may need to sign some papers to facilitate that.

    6 lawyers agreed with this answer

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