My wife and I are separated can I leave her out of my will

If you have a separation judgment the right if election is terminated, but merely living apart does not do that. You can each sign a waiver of...

Last Will and Testament Questions

Hi Generally, the answer would be no, however, depending on the language of the will and the circumstances surrounding the beneficiary designation,...

Is it true that in NY State to apply for Medicaid after 65 the value of your home doesn't count if you live with your spouse?

Hi The value of the primary residence is excluded to the extent it is under the equity cap in place at that time, if the spouse is living in the...

Must find a financial institution willing to make a HELOC with a house in an irrevocable trust in Troy, NY. Name a lender?

Hi I hope all is well. Try Frank Melia Frank Melia, CMPS Certified Mortgage Planner Division Manager Office: 516-208-4238 Toll Free:...

My sister is special needs. No one is willing to help us. We need to stop the mental abuse going on.

Hi I am sorry you are going through this. You should call APS http://ocfs.ny.gov/main/psa/ You can also start an emergency guardianship proceeding.

My husband won't call the lawyer to add my name on the mortgage and the property. If he die, do I get the house?

Hi I sorry you are going through this. You do not want your name on the mortgage, that is a liability Depending on the terms of your husband's...

Can I get guardianship over my two brothers if I'm 18 years old?

Hi You can make an application in the surrogate's court under SCPA Article 17 to be the guardian of their persons.

Can I collect commissions as an excutor with probate amounts in surrogate court in Queens New York

Hi Of the Will says the executor served without commissions, that will override the statutory right to commissions. Additionally they type of...

Hi The capital gain treatment and need for an EIN will be determined by the trust terms. Reinvestment will not avoid or defer the payment of...

Can an attorney set up a simple, inexpensive irrevocable trust for me.

Hi I am afraid that a one page trust would likely create more issues than it would solve. The best approach is to meet with an attorney so that...