Mark Shaban Eghrari’s Answers

Mark Shaban Eghrari

Smithtown Elder Law Attorney.

Contributor Level 5
  1. Should I get my Fathers house put into my name before he passes away?

    Answered almost 3 years ago.

    1. Robert Louis Feliciani III
    2. Steven J. Fromm
    3. Mark Shaban Eghrari
    3 lawyer answers

    Just a few comments I hope might help. I strongly urge you to contact an experienced Estate Planning and Elder Law Attorney in your area. You can look for help from attorneys who are members of NAELA National Academy of Elder Law Attorneys or AAEPA American Academy of Estate Planning Attorneys. Both have websites to help find a lawyer in your area. With regard to the family home, a transfer to you with retained life estate for your father would eliminate any income tax problem upon the...

    1 person marked this answer as helpful

  2. My son and I jointly own his home. I live elsewhere. Only he took out mortgage, both signed deed of trust securing loan.

    Answered over 5 years ago.

    1. Mark Shaban Eghrari
    1 lawyer answer

    His bankruptcy will NOT protect you and may not protect the home either. The home is not your primary residence and yet you are an owner who signed the deed of trust also known as a Mortgage. I recommend you speak to a qualified bankruptcy attorney.

  3. I am in a trust that I will receive when my relative passes. Does any of this have to go to my wife if we divorce?

    Answered over 5 years ago.

    1. Cathy Ann Wagner
    2. Mark Shaban Eghrari
    2 lawyer answers

    The answer to this question depends on how the Trust was prepared and how you hold title to the property in the trust after your relative's death. Many Trusts that I prepare include Legacy provisions so that the trust assets are protected for you and your children. In other words, the trust provides for all assets to follow only your bloodline. I suggest you seek the help of an attorney I know who is in the twin cities area. His name is Jeff Molever Jeff Molever The Molever Law Firm...

  4. My parents have the house I live in, in a trust. They want to remove it from the trust and place it in my name only, how?

    Answered over 5 years ago.

    1. Mark Shaban Eghrari
    1 lawyer answer

    Most people are not familiar with how to transfer real property and should hire a lawyer or closing company to help. The fee should be about $100 to $300 for a closing company to handle this. Since you are not a legal heir or next of kin, you will not have any standing after they pass away. The Court will NOT recognize you as a daughter- you would be treated like someone outside of the family. I suggest you request "your parents" request the closing company to include a provision know as...

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