Archived
How can assure that my children will get equal distribution from our house if I die first, our 2nd marriage and 7 grown children
Peter's answer
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Answered on August 21, 2014
The planning issues that arise with blended families definitely require a consultation with an experienced estate planning attorney. Proper titling...
Archived
I am executrix of my mother’s will. I have one living brother that is married to a woman that has shown no interest in caring,,
Peter's answer
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Answered on August 20, 2014
You might consider consulting an elder care mediator as well an estate planning attorney. I've attached a link to an AARP article which discusses...
NY state trust accounting
Peter's answer
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Answered on August 17, 2014
A beneficiary generally has the right to compel a formal accounting. If the trustee has managed the trust well over its terms, the accounting...
Archived
My estate is worth less then 5,000,000. Should I meet with an Eldercare lawyer? I am 75 yrs and retired.
Peter's answer
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Answered on August 17, 2014
Keep in mind that NYS currently imposes an estate tax on estates just over $2 Million. Also, consult with an estate planning attorney on how best...
Archived
Is it lawful for an administrator to distribute funds from the estate to family before the estate balance is fully calculated?
Peter's answer
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Answered on August 17, 2014
An administrator of an estate has an obligation to account to those who have an interest in the estate. Distributions, when appropriate and...
Archived
Hi I'm planning on making a living trust/last will intestment, I'm leaving my assets to my daughters
Peter's answer
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Answered on August 08, 2014
Also consider the ages of your granddaughters. If they are named directly on an account the assets will likely pass to them outright and...
Archived
What is a normal charge to obtain guardianship of a adult brother with no assets who is found to not have capacity.
Peter's answer
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Answered on August 03, 2014
The rates and amounts of legal fees will vary from lawyer to lawyer based on the factors described. Additional factors to consider when asking...
Archived
My uncle passed 4 years ago leaving no will but leaving a house now the house is in limbo by the bank he took out a mortgage on
Peter's answer
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Answered on August 03, 2014
You need to consult a local estates attorney. The Surrogate's Court for the county where your Uncle resided, or where the property is located, can...
Archived
Looking for Trusts and Estates attorney in NY
Peter's answer
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Answered on August 01, 2014
You'll generally find that most attorneys in NY with a significant T&E concentration are members of their local county bar association and the New...
Can a family member serve as a witness to the signing of my will?
Peter's answer
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Answered on July 30, 2014
A family member is generally not disqualified from being a witness. As long as the formalities of a proper will execution are followed, and there...
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