Skip to main content
Matthew Scott Seidner

Matthew Seidner’s Answers

17 total


  • Do I need to show up to a family court petition case?

    It's about changing who covers children for health insurance and I cannot take time off from work to go. Legally, I am suppose to cover them but my ex covered them before the petition case. Would I be able to hire a lawyer to show up for me if "m...

    Matthew’s Answer

    If you do not show up the chance is extremely high you will lose on default. You could try to get the case reopened by trying to vacate the default by a motion but you need to show a good excuse and that you have a good case worth opening up again.

    See question 
  • If the spouse, not on the deed, passes away first..

    If the spouse, not on the deed, passes away first but leaves a Will to give everything to ONE of her adult children, does that child have any right to the house after she passes away?...Say, for example, the mother's 1/2 of the house (even though ...

    Matthew’s Answer

    I would perform a search of the deed records to confirm the names and then contact a lawyer with the results to determine who is entitled to what.

    See question 
  • Can any one other than the trustee and executor act the role of that picked person?

    For four Years someone, has been acting as a substitute for the named executrix and trustee. Selling ,house putting six kids in trust funds filling out nessary forms etc? when she has a substutite that was named on a will. Can she appoint a friend...

    Matthew’s Answer

    This is a duty assigned specifically to the named person who either acts or resigns (or is otherwise unable to act). They can get help as needed but cannot simply not act and select an alternate to chosen by the grantor.

    See question 
  • In ny does wife inherit anything if husband leaves all property(wife's name is not on deed) in will for his son from1st marriage

    spouse is the 2nd wife and her name was not on deed because she only got status after house was bought. She put thousands of dollars and labor in renovating it and it has 4 apartments with huge rental income.The husband decides to make will leavin...

    Matthew’s Answer

    In NY, a spouse has a right of election to take the greater of $50K or 1/3 of the estate.

    See question 
  • Does my mother need to get a new copy of her will made?

    When signing her will my mother signed the first page of her will with her maiden name then her last name ( example: Alice Smith Jones ). But she did this only on the first page signing the rest with just her last name. Her will does not list her...

    Matthew’s Answer

    A will is too important to permit known or potential defects. It is inexpensive enough to redraft and also get the other documents at the same time updated or drafted, such as health care proxy, living will, power of attorney, etc. I would not gamble that the will is adequate.

    See question 
  • Why and when do you need to start asset Protection?

    My deaceased Dad gave all his assets to my mom and on his will (which we cannot find) has a bill for assets protection? wouldn't My mother need it on her will? When should you start considering asset Protection? Nassau county Surrogates court, NY ...

    Matthew’s Answer

    Most people wait too long to protect assets then wish they could go back in time. Whether it be to get Medicaid while protecting assets from the lookback period, preserve assets after death via a trust, etc., being proactive is always better than reactive-and much less expensive.

    See question 
  • My wife won't sign the divorce papers.

    We have 2 minor children, no assets and agreed on child support and alimony. Been separated since April 2010.

    Matthew’s Answer

    You have to determine whether you or she have grounds for a divorce in NY. An attorney can help.

    See question 
  • If my daughters father doesn't show up for his visitation but his parents do, do i have to give my child to them?

    my daughters father starts his 3 day visitation tonight at 5 untill sunday at 5. He has left the state this morning at 8am. he is sending his parents to get her at 5. i was advised that i didn't have to give her to them because it's his visitation...

    Matthew’s Answer

    Be careful and be sure that at a minimum you know exactly where your children are and how to contact them and that they can contact you. The grandparents are not the father and will not be bound by any terms that bind the father in a court order.

    See question 
  • My brother passed away and had no will. He had CDs in trust for me. Does this money go into probate or does it become mine?

    He had no spouse or children. I do have 3 other siblings

    Matthew’s Answer

    If you were the beneficiary in the trust for these CDs, they go to you.

    See question 
  • I live in NY state and I have 2 grandchildren that are with me, because mother is incarcerated and Dad is in a halfway house,

    will I be able to get temp custody

    Matthew’s Answer

    My firm specializes in grandparental rights-one of our partners is on the advisory committee for the National Association for Grandparent Rights. You may have a very strong case for temporary or even permanent custody. Please contact us.

    See question