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What should a person do if a wife of 21 years is dead but she left a will to separate the estate with the kids?
Susan's answer
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Answered on April 12, 2017
By law, a spouse in New York cannot be disinherited. If there is a will, and the spouse receives less than 30% of the assets, the spouse can claim...
Can the trustee of an irrevocable trust, created in New York, be replaced? If not, can a co-trustee be appointed by trustor?
Susan's answer
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Answered on April 05, 2017
A trustee of an irrevocable trust can be removed with a court order. Under the NY Estates, Powers and Trusts Law, Section 7-2.6(a)92) any person...
Archived
Is there anyway to totally secure money left for someone in a will
Susan's answer
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Answered on April 05, 2017
Your question implies that the problem will not be with you providing the money. If so, and you have the money NOW to put aside to be disbursed in...
Archived
Do my brother and I have a case to get portion of deceased fathers IRA? My sister is named beneficiary.
Susan's answer
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Answered on April 05, 2017
Typically a financial institution which holds the IRA account has a procedure or protocol for properly signing a beneficiary designation form. It...
Archived
How do I set up an irrevocable trust for my vacation property to keep it available for my future descendants?
Susan's answer
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Answered on March 04, 2017
You can create an irrevocable trust - meaning you could not change your mind and revoke the trust. However, you could also create that trust under...
Archived
How can we go about obtaining bank records and if items were not said to go to someone in a will can children request father's
Susan's answer
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Answered on February 24, 2017
Not all assets a person has when he/she dies pass to beneficiary's under a will. Only things owned in your father's name alone go under his will....
I am creating a New York revocable trust. Do I have to change the title nname of the trust
Susan's answer
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Answered on February 13, 2017
Yes. The advantage of creating the trust is to make sure your house is out of your estate for probate purposes. Even though for tax purposes you...
Archived
How can I find the will of my died Father ?
Susan's answer
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Answered on February 13, 2017
In the US there is no central place for putting a will on file. Instead, an original will is often found in a person's possessions, or in the...
Archived
Can I have trustees removed from irrevocable trust started in NY State
Susan's answer
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Answered on February 13, 2017
I would recommend you hire an attorney who has expertise in Surrogate's Court litigation. It sounds like family members overreached your uncle and...
Why would I have to sign off on a will as next of kin not being a benificary
Susan's answer
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Answered on February 13, 2017
In a probate proceeding, typically the named executor offers the will to the Surrogate's Court which rules on the will's validity and also legally...
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