Archived
My husband and I own a condo in New York city. We are considering placing it in a trust. What are the pros and cons?
Peter's answer
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Answered on July 30, 2014
Consider all the factors in the responses here. A trust, once established, may provide benefits in continuity of management, especially when the...
How long does it take to settle and distribute an Estate in New York?
Peter's answer
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Answered on July 30, 2014
If there is a taxable estate, the due date is nine months from date of death. An Executor often needs that amount of time to gather the necessary...
Archived
Estate law question regarding what monies are safe from a relative who plans to contest my mother's will -- are monies in.......
Peter's answer
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Answered on July 27, 2014
I would add that joint accounts can potentially be challenged as "convenience accounts" under similar grounds as challenging a Will. The issue...
Archived
Uncle is dying of cancer. he named me as his heir to all of his items. his wife is in a nursing home...
Peter's answer
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Answered on October 21, 2012
In addition to helpful the points made in the other answers here, be especially careful since you have a power of attorney. Depending on local law,...
Archived
Is Surogate Court expensive for probating will?
Is my mother's will legal since it is hand written and not notorized?
Peter's answer
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Answered on October 21, 2012
You'll need a lawyer to take a look at the Will and see if it meets the formalities of execution to be valid. Some local Bar Associations and law...
Archived
In publishing book, need I change first/last name of executor who raided our mother's estate and ignored terms of her will?
Peter's answer
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Answered on October 21, 2012
By all means, the book should be "vetted" by an attorney experienced in publishing law and defamation, not only for protection from liability for...
Archived
Can a spouse not mentioned in a lawsuit attend mediation?
Peter's answer
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Answered on October 18, 2012
If a mediator has already been selected, you or your attorney could ask the mediator. Mediators often ask for briefs or position statements prior...
Archived
I have an Aunt who has a gambling problem. I want to know if there is a way to take control of her finances.
Peter's answer
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Answered on October 17, 2012
This is a difficult situation. NYS law allows for a petition to be made to the court to appoint an "Article 81 Guardian" for an adult who is...
Archived
What can i do to make it mine
Peter's answer
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Answered on October 17, 2012
As Mr. Potter notes, speak to an Elder Law attorney. Any transfers of assets may have an effect on eligibility for Medicaid and other benefits...
Archived
Online Will vs. a 2005 Revocable Trust? Could that online Will be updated/revised?
Peter's answer
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Answered on October 14, 2012
I would also add to the excellent assessment by Mr. Goralka, that you be on the lookout for any assertions that the Revocable Trust was revoked and...
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