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Sharon M. Siegel
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Sharon Siegel’s Answers

738 total


  • I need a estate litigation attorney in long island new york

    My family needs an estate litigation attorney in Long Island, NY ASAP. We have an active interpleader litigation going on in Eastern District of New York Federal Court that involved a dispute over an insurance policy for a deceased relative that t...

    Sharon’s Answer

    Depending on the level of proof, neither side has a slam dunk case. When selecting a lawyer, only you can make that decision. I would ask what the goals of the lawyer, and see whether it includes settlement. The case can become very costly.

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  • Executor stopped paying the estate's debts. File for removal or injunction?

    I will get a lawyer, but I would like to know your opinion please 1- Am I legally obligated to pay debts under the estate's name? See below 2- If executor does not pay estate's bill how realistic Am I being if I file an injunction to make the ...

    Sharon’s Answer

    First, your answer may be found in the terms of the will. It is quite complicated because of the fact that it was not transferred to you. Thus, I presume that it was specifically bequeathed to you, which mean it passes to you on death. Thus, your first step is to compel the transfer. This will likely settle the whole issue because it seems to that the Executor is using the fact of transfer as leverage. Are there are monies that you are entitled to and he wishes to deduct them? It is not a strong case for removal - no harm no foul. An injunction is not the way to go. Without seeing the will, I would go with compel the transfer and make him account. Whether or not you are legally obligated depends on the terms of the will. However, it will be yours so ensure that it is not foreclosed.

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  • How long will it takes Nassau Surrogates to get an Estate Accounting (from a hostile party).

    This party does not want to provide accounting and wants to run out the statutes of limitations. How long would Nassau Surrogates take to compel an Estate to generate an accounting?

    Sharon’s Answer

    How long would it take to get the citation or file the petition or how long once it take once granted??? All in all, judicial accountings are not a fast proposition.

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  • Can you file something in court to get a copy of the status of an estate?

    My cousin's estate has been in limbo for 10 years. The executor of the estate, who also happens to be an attorney, has been uncooperative and refused to provide information regarding the estate even though we are the next immediate family. Howev...

    Sharon’s Answer

    Getting the status is simple. If you want to do yourself, send the court a self addressed stamped envelope. If you are planning to use a lawyer, he or she can simply get the file. If he is calling you to get information, I would think there is also a deal to be made with him. Another possibility is to compel an accounting. However, as you have said 10 years have passed, the court may think it is too costly to the estate. You have many options.

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  • Who is responsible for a bill of $13,357 from my mothers nursing home after she past on May 6, 2016?

    My mother went into the Parkview Nursing Home May 20, 2015 and died May 6, 2016. She had long term care insurance from Genworth and the nursing home got her on Medicaid . Who is responsible for a bill of over $13,000 when she left no money. Did...

    Sharon’s Answer

    I have dealt with them before and they are aggressive collectors. Do hot get bullied into paying. The prior answer is absolutely correct.

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  • Is it lawful in NY for an attorney to also be an Executor, Trustee and Notary of a Will?

    Is it lawful in NY for an attorney to be ALL of the following on a Will: (1) Attorney, (2) Executor, (3) Trustee, and (4) Notary?

    Sharon’s Answer

    I agree with the prior answer in full. The testator also needs to sign an attorney disclosure statement declaring that he or she knew that the attorney draftsmen was an attorney entitled to legal fees and commissions. This must be signed at the same time as the will. If you are saying that he was the testator's lawyer, but not the draftsperson or associated with or counsel to the draftsman, then the draftsman need not sign anything - and it is perfectly legal. If the lawyer also has a beneficial interest, this is something else.

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  • If 2 executors don’t agree, can 1 exec withhold distributions claiming it may be needed 4 future legal fees if court is needed?

    I am a beneficiary of an estate with Two executors that do not get along. There are approximately 4-5 million dollars in the estate not yet distributed as well as incoming royalties estimating 500,000 per year for the next 3 years at least. We w...

    Sharon’s Answer

    I would at a minimum invest in a lawyer who will file a Notice of Probate or write to the lawyers involved to get you a copy of the agreement. It will not be costly and certainly a good investment. When the lawyers know that a lawyer is around, even if you do nothing, they will be far more careful. I think you are envisioning thousands of dollars, likely the cost will be minimal. Even if you have to borrow it, it will be better in the long run. There is really not much you can threaten on your own and likely they know you can't afford a lawyer and are taking advantage of the fact.

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  • What can I do to get around him and his personal issues to get my money?

    My uncle was left in charge of my trust fund when my grandfather passed away. Its set up for my living expenses and because he is my uncle he is being controlling and judgemental of my past when hye hasnt been a part of my life for a long time. No...

    Sharon’s Answer

    As already stated it goes by the terms of the trust document. Unfortunately, most of the time the Trustee has much discretion as to when to give out discretionary money from the trust. However, removal of a trustee is possible, but not easy as the court's pay wide deference to the Decedent's intent. Just a thought before investing into a proceeding, not to say that it never happens.

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  • Do I need to go to Probate Court if I am are trying to sell my mother's home in New York who passed 3 years ago without a will?

    My mother passed away 3 years ago without a Last Will and Testament. We are 5 siblings that are in full agreement to sell home. The home is still listed in her name. How do we proceed to sell home? Can we appoint an Executor? Must we go to court?

    Sharon’s Answer

    The short answer is: this depends on what the buyer's title company requires. Usually, they will take an affidavit if everyone signs on the deed. The main issues if the title company requires Letters of Administration are the cost of the filing fee (and lawyers' fee) and the time which the Surrogate's Court takes to issue Letters.

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  • What do I need to know about filing for Letters of Administration in Surrogate's Court Bronx NY?

    My Mother in law passed away with no will. She owned a co-op in the Bronx. Her son, my husband is the only child, there are no other possible distributees to my knowledge. I understand that he needs to file for Letters of Administration through Su...

    Sharon’s Answer

    Time is hard to say, but he should definitely suggest he go for temporary letters so he can manage the co-op before he gets full letters.

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