James K. Riley’s Answers

James K. Riley

Pearl River Estate Planning Attorney.

Contributor Level 9
  1. For all trust and estate litigators a question on judicial accountings and review of those accountings

    Answered over 2 years ago.

    1. James K. Riley
    2. Hillary Johns
    3. David L. Carrier
    4. Sharon Melissa Siegel
    5. Michael L. Kaplan
    5 lawyer answers

    You might consider an informal accounting which would serve as a substitute for a formal judicial accounting . In a formal judicial accounting, every person or entity (such as a charity) entitled to receive a percentage of the net proceeds of the estate, must receive a complete copy of the estate accounting. In a formal judicial accounting the schedules of assets received, income received, assets to be distributed and income to be distributed must be assigned to specific lists or "schedules"...

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  2. How can my 25 year old incarcerated son give me power of attorney

    Answered almost 3 years ago.

    1. Frank Louis Buquicchio
    2. James K. Riley
    3. Benjamin J Lieberman
    3 lawyer answers

    A power of attorney is a legal document that a person, such as your son, signs to appoint someone else, who is trusted such as you, to act on his behalf in financial matters and transactions. There is a standard form of power of attorney that should now be used (must be used) under New York law. The form is quite complicated so your son ( or you while he is not in the community) should contact an attorney who can prepare it for your son to sign before a notary public. You also have to sign...

    3 lawyers agreed with this answer

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  3. How long does probate take after house is sold

    Answered over 1 year ago.

    1. James K. Riley
    2. Timothy Edward Kalamaros
    3. George Howard Dippel
    3 lawyer answers

    In an estate, the executor after he or she has been appointed by the court has a duty to "Marshall" the estate; this means that the executor mus locate and identify all of the assets, including the house you are asking about, owned by the person who died and pay all of the outstanding debts and any possible taxes. This process can take a year or more. After it is accomplished, the estate expenses are paid--lawyer, etc and the executor may request, but does not have to take, executor's fees or...

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  4. I fell on ice in a city owned parking lot and had resulting medical expenses: is the city liable for those expenses?

    Answered almost 2 years ago.

    1. Kenneth Lee LaBore
    2. Raymond James Konz
    3. James K. Riley
    4. Christian K. Lassen II
    5. Timothy Leo Bowden
    6. ···
    6 lawyer answers

    I do not practice law in your state but I do practice law in two other states that can get pretty cold and icy-New York and New Jersey. Claims and suits against towns and cities and other governmental entities are often extremely difficult especially as to ice. But there was one recent case in New York that said if the local governmental piles up the snow through plowing so that the melt and runoff flowed downhill, they could be liable for creation of a hazardous freeze thaw condition. Take a...

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  5. Formal accounting?

    Answered about 3 years ago.

    1. James K. Riley
    2. Sharon Melissa Siegel
    2 lawyer answers

    When all of the transactions necessary to wind up or finish an estate adminstration have been accomplished, such as the collection of all bank accounts, stocks, sale of real estate, and payment of debts, the individual who is acting as the personal representive to handle the estate,usually called the executor or the adminstrator, must account. In effect, the individual must show what was done to collect the assets of the decedent and to pay debts and expenses of the estate. When the time...

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  6. Do I have the right to remove personal property from a premises where I am remainderman after life estate holder dies?

    Answered almost 2 years ago.

    1. James K. Riley
    2. Joseph Franklin Pippen Jr.
    2 lawyer answers

    I think you should provide the person with a copy of the deed and a copy of the death certificate and demand that they vacate and remove their property within 30 days. Serve the document by personal service--I recommend using a process and send by both certified mail and also by first class mail. If the person refuses to leave and the property is not out after the 30 day period expires, take the person to court and get an eviction order. In my opinion, do not do a self- help eviction (without...

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  7. If a deed is in surviving tenants by the entirety can the real estate to left to another in a will?

    Answered over 1 year ago.

    1. Noah D. Cohen
    2. Jayson Lutzky
    3. Vincent J. Gallo
    4. Peter J Weinman
    5. James K. Riley
    6. ···
    6 lawyer answers

    The question refers to two different types or forms of "survivorship" ownership of assets-survivorship results in the transfer of ownership to the surviving owner when one of several owners of the asset dies. Survivorship is a will substitute--instead of the will the property becomes owned by "operation of law" (in effect automatically) by the individual on the deed who lives longer and outlives the other who has passed away. If the owners on the deed which provides for transfer to the...

    2 lawyers agreed with this answer

  8. Does a witness to a Last Will and Testament in NY ever have to appear in court if will is not contested??

    Answered almost 3 years ago.

    1. Rudolf J. Karvay
    2. Benjamin J Lieberman
    3. Abel Lopez
    4. James K. Riley
    5 lawyer answers

    In certain instances, such as the death of the person who made the will (the "testator") within a very short time period after the will was made (30 days or less) or if there was no attorney present when the will was signed, the court may ask the witnesses to appear--usually for a very simple and straight-forward review of the facts and circumstances surrounding the execution and delivery of the will-- publication as it is called--"who was there"," how was the testator doing",etc. It becomes...

    2 lawyers agreed with this answer

  9. Does a witness to a Last Will and Testament in NY ever have to appear in court if will is not contested??

    Answered almost 3 years ago.

    1. Rudolf J. Karvay
    2. Benjamin J Lieberman
    3. Abel Lopez
    4. James K. Riley
    5 lawyer answers

    In certain instances, such as the death of the person who made the will (the "testator") within a very short time period after the will was made (30 days or less) or if there was no attorney present when the will was signed, the court may ask the witnesses to appear--usually for a very simple and straight-forward review of the facts and circumstances surrounding the execution and delivery of the will-- publication as it is called--"who was there"," how was the testator doing",etc. It becomes...

    2 lawyers agreed with this answer

  10. I LIVE IN MY HOME WITH MY GAY PARTNER SINCE JUNE 1973 .HE DIED AND I ASSUMED THE HOUSE IS MINE>THE DEED HAS TWO NAMES

    Answered almost 2 years ago.

    1. Nancy Robin Stone
    2. Denise Leydon Harvey
    3. Jeffrey Bruce Gold
    4. James K. Riley
    4 lawyer answers

    It might be helpful for you to determine how much equity or value you have in the premises--equity is the difference between the present fair market value and the amount of any existing mortgages. The equity in the house will be owned one-half by you and one-half by the estate of your deceased partner assuming the property was owned by you as 50-50 tenants in common. and not as joint tenants with rights of survivorship. Your partner's family may be much less interested in a claim on the...

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    1 person marked this answer as helpful

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