Michael L. Kaplan’s Answers

Michael L. Kaplan

Brooklyn Elder Law Attorney.

Contributor Level 2
  1. My mom wants to put the house we live in,in my name, but we already have a will can it be done

    Answered over 2 years ago.

    1. Leonard Komen
    2. Eric Jerome Gold
    3. Michael L. Kaplan
    4. Steven J. Fromm
    5. James P. Frederick
    5 lawyer answers

    The other attorneys have given you good advice. It is better not to put the house in your name now which would be considered a gift. A better method for estate planning and tax considerations would be to transfer the house into a trust. This could also offer protection from nursing home costs. You should consult an estate planning/elder law attorney.

    4 lawyers agreed with this answer

  2. 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

    If all of the beneficiaries are competent adults, and reasonable get along, it is quicker and less expensive to do an informal accounting. We circulate it among the beneficiaries and if acceptable to all obtain releases, releasing the personal representative. If we cannot obtain releases or there are more complicated issues such as creditors, kinship issues, minors or incompetents, a formal judicial accounting would be required.

    1 person marked this answer as helpful

  3. Which New York County Court would someone file revocable trust documents at?

    Answered over 2 years ago.

    1. Lawrence A Friedman
    2. Robert A. Stumpf
    3. Michael L. Kaplan
    4. Sharon Melissa Siegel
    5. David L. Carrier
    5 lawyer answers

    The other answers are correct in that revocable trusts normally do not get filed with the Courts which is one of the reasons they are created in the first place. They do get filed with the Probate of a will when the trust is mentioned in the will. Surrogate's Court in the County where the Grantor resided is the place to look.