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My father passed away last year with his ex still on his will along with her children should they get a portion of estate?
Roman's answer
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Answered on November 13, 2012
The divorce revokes the spouse's rights and they get no portion of the estate.
EPTL 5-1.4
Revocatory effect of divorce
(a) Except as...
Archived
I need a power of attorney for my mother giving myself and my cousin the right to act on her behalf in the sale of her property
Roman's answer
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Answered on November 12, 2012
Your mother should speak to an attorney who can prepare a proper power of attorney for her. I am an estate planning attorney near Saint Albans and...
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What happens if there is an irrevocable trust set up and the beneficiary dies? Does the money go to the beneficiaries spouse?
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Answered on November 04, 2012
You, or preferably your attorney, should review the trust documents. They will outline what happens to the funds. Best of luck to...
Archived
Can my step-mother alter my recently deceased father's will?
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Answered on October 24, 2012
You should really have an attorney review the terms of the will and determine if there are any trusts set up under it which will allow your...
Can I disinherit a child in New York?
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Answered on October 13, 2012
You can most certainly disinherit a child in a will. However, as Mr. Rubinov correctly pointed out, it is better to do so explicitly, and...
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Can I find out if I am included in my mothers trust by calling her attorney? I am estranged from my brother and cannot find
Roman's answer
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Answered on September 29, 2012
No, a trust is a private document and the attorney is under a duty to maintain his client's confidential communication.
Sincerely,
Roman...
Archived
When are Medicaid trust or Deed with life estate needed to be set up?
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Answered on September 27, 2012
You may need to set up either a trust or a life estate in order to avoid Medicaid from placing a lien on your mother's property to recover the...
Archived
How do I find the lawyer that has the will?
Roman's answer
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Answered on September 24, 2012
You can try lawyers local to him. You can also check with the Surrogate's court in the county in which he resided. Best of...
Archived
Does setting up an irrevocable trust by my parents to buy me a property as a gift, protect the property in case of a divorce?
Roman's answer
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Answered on September 20, 2012
Placing the property into an irrevocable trust is ONE way to protect it from your spouse and/or creditors but it is not necessarily the easiest or...
Archived
1. What is the typical price for setting up a dynasty trust? Does it matter where I set up the dynasty trust? Is there a type(s)
Roman's answer
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Answered on September 19, 2012
I would advise you to sit down and speak with an estate planning attorney to determine which trust, if any, would be ideal in your situation. Many...