Does an executor automatically take a percentage of the estate in New York ?

As executor you are entitled to a commission which is determined by statute. The commission is an administration expense as is the court filing...

Is the property held in a revocable family trust protected from creditors if there is a disabled child?

Assets in revocable trusts are available resources to the trust grantor and do not provide protection against Medicaid recovery. The assets in a...

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How can I sale my home without a deed?

My colleagues are correct in that the deed should be recorded and available. In addition to a copy of the current deed. it would be best to...

I am currently receiving extra help.

Hi Patti, You should consider placing the proceeds from the home sale into a First Party Supplemental Needs Trust or pooled trust after meeting...

No will

It would be best to have a consultation with an attorney to establish where you are in the estate administration process. If an administration...

As the other counsel have pointed out you can either seek to proceed to administer your brother's estate upon the consent (with signed waivers)...

The matter of who lives in his home and who he provides care to or for is your father's decision. If he is no longer capable of making decisions...

How do I proceed to prove next of kin and where do I go from here?

An estates attorney can review the court file in Surrogates to see if the public administrator has begun an administration proceeding. Your...

How can i go about applying for guardianship of my father who has been diagnosed with dementia?

If your father resides in NYS then a Petition for an article 81 guardian may be brought to appoint a guardian if your father does not have the...

What can I do to stop elder abuse?

Whether you are describing financial or physical abuse you are correct to continue to seek help for your concerns. Guardianship with a temporary...