Michael Davidov’s Answers

Michael Davidov

Kew Gardens Estate Planning Attorney.

Contributor Level 8
  1. How are property taxes paid when estate has not yet been settled?

    Answered almost 2 years ago.

    1. Michael Davidov
    2. James P. Frederick
    3. Celia R Reed
    4. Peter J Weinman
    4 lawyer answers

    Although matters are in limbo with the estate administration, life goes on and the bills have to be paid. There is nothing stopping you, as the beneficiary from paying the taxes and becoming a creditor of the estate. Provided that there are other assets in the estate to pay the taxes once the executor is appointed, and that the will provides that carrying costs for the property are part of the estate expenses, you will get reimbursed by the estate for any money that you paid out on its...

    13 lawyers agreed with this answer

  2. Can a condo be sold before probate?

    Answered almost 2 years ago.

    1. Bridget Ann O'Toole
    2. Jayson Lutzky
    3. George Howard Dippel
    4. Gary Todd Dupler
    5. Michael Davidov
    6. ···
    6 lawyer answers

    Letters Testamentary are received by the Executor after the will is validated during the probate proceeding. I assume that the attorney handling the matter hasn't obtained Letters Testamentary yet because there is difficulty in locating all of the distributees. In cases where it is difficult to locate the distributees, an alternative is to seek limited letters of appointment to enable the executor to sell real estate. This will enable the executor to place the proceeds from the property...

    4 lawyers agreed with this answer

  3. I have a copy of will & before signature it states "in witness whereof" doesn't that mean that witnesses or notary should follow

    Answered almost 2 years ago.

    1. Charles Adam Shultz
    2. Michael Davidov
    3. Lee Alan Thompson
    3 lawyer answers

    Have you requested a copy of the will from the attorney who drafted the will? If you're not getting any answers, bring a petition to compel the will under SCPA section 1401.

    3 lawyers agreed with this answer

  4. In New York State how long can an executor of an estate delay starting the settlement of an estate?

    Answered almost 2 years ago.

    1. John P Corrigan
    2. Celia R Reed
    3. Michael Davidov
    4. James P. Frederick
    4 lawyer answers

    In New York, there is a distinction between an executor and an administrator of an estate. An executor acts under a valid will, and an administrator may be appointed when an estate is administered without a will. As a surviving spouse, you have many statutory rights including the "right of election" against the estate. The right of election allows you the greater of $50,000 or 1/3 of the net estate. The elective share is exercised against all of the estate assets including the house....

    3 lawyers agreed with this answer

  5. Do my deceased brothers children need to sign a waiver of process/consent to probate?

    Answered over 5 years ago.

    1. Michael Davidov
    1 lawyer answer

    Your deceased sibling's children would either consent to the probate by signing the waiver or the attorney would request that a citation be issued to them. Your deceased sibling's children are distibutees of your mother's estate, and as such, they have standing to contest the will you offered for probate. Under Intestacy laws, they will share their parent's distributive share. The will may give them less then they would have gotten under intestacy. Therefore, they can evaluate (...

    1 person marked this answer as helpful

  6. Give guardianship to my friend

    Answered about 4 years ago.

    1. Michael Davidov
    1 lawyer answer

    The answer depends on which jurisdiction you live in. I assume you live in NY and your daughter lives in the same place. Under NY law, you can sign a legal document naming your friend as the guardian for your daughter.

  7. What kind of expenses can be used to spend down the money in a special needs trust account throught NYSARC?

    Answered over 4 years ago.

    1. Michael Davidov
    1 lawyer answer

    A NYSARC trust is a type of a pooled income trust that is generally used for community based Medicaid, not for long term care Medicaid in a Nursing Home. NYSARC will pay the income only trust expenses including real estate taxes and other household expenses if you provide the trust to NYSARC. Michael Davidov, Esq. Elder Law and Estate Planning Attorney www.davidovlaw.com

  8. Should I sign an agreement I can't live up to?

    Answered almost 5 years ago.

    1. Steven Marc Adler
    2. Michael Davidov
    2 lawyer answers

    Dear Power of Attorney, The backup agreement is to reassure the Nursing Home that there is someone else who will care for mom in the event that the home care agency's care provider fails to show up for work. There must be someone responsible under these circumstances, but it doesn't have to be you. Consider if there is someone else that can go to your mother's home in a moment's notice if the agency calls to notify you that the care taker can't come in that day, or will be late. Is there a...

  9. How do i find my fathers prenunptial agreement?

    Answered about 5 years ago.

    1. Michael Davidov
    1 lawyer answer

    I'm sorry for your loss, and for the difficulties you're facing. A surviving spouse is entitled, under NY law, to elect against the estate. This is known as the right of election. However, the right of election may be waived by a prenuptual agreement. If your father's attorney died, see if there is someone else who tool over his/her practice, or go to his/her last known office, to see if there are other attorneys that shared space with your father's office, who can guide you regarding the...

  10. Can I get a copy of will that is in probate. I know that I was left something from her estate.

    Answered about 5 years ago.

    1. Michael Davidov
    2. Bert Z. Tigerman
    2 lawyer answers

    I am sorry for your loss. I am assuming that you are discussing a decedent who died in New York. A copy of the will can be obtained from the Surrogate Court. If you were a distributee (an heir), you should have also been given a copy of the will if you were asked to sign a waiver and consent to probate. You may also be a beneficiary of the decedent's insurance or other financial accounts, that passed by beneficiary designation, without probate. I suggest you, or your counsel contact the...

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