While creating my will, If I establish an irrevocable trust for my IRA to go to my children , can I still have use of $ ?

Hi I hope all is well. Your power to change trustees and beneficiaries will depend on the reserved rights in the documents. I would never...

Can a Fiduciary Trustee of an Irrevocable Trust in N.Y.S make loans to the beneficiaries & remainder beneficiaries of the Trust

Hi The trustees power will depend on the language in the document. All documents are different. I would recommend engaging an experienced attorney...

How much does probate cost and how do I go about it

Hi I am sorry for your loss. The filing fee for probate is established by the Surrogates Court. The filing fees range from under $100 to $1250...

The statute of limitations does not run till the fiduciary accounts. Hire an attorney and compel an accounting and turnover proceeding.

Relatives who would inherit if there was no will are your cousin's distributees. Those are the people who have a right to contest the will. People...

“I am on medicaid (blue cross) for health insurance i am not disabled, my mother is leaving me the house in her will

If you pass away owning the house and are over 55 Medicaid has a right to make a claim against the house. If you are getting Medicaid because you...

In the will, it was stated that its read after the burial. The lawyer refused to do so even after 4 days.

You need to meet with an attorney who can explain if you have standing to do anything, make sure the attorney regularly handles estate litigation,...

Life estate holder has left residence and locked off a portion of the house. What can be done.

In NY the life estate is over the whole property not just a portion. Before doing anything you need to speak with an attorney who handles real...

What legal documents do i need for estate planning (I live in NY)?

Hi The best place to start is to meet with an attorney and go over your goals. You should at the very least have a will, power of attorney and a...

Estate under 30K and the executor is refusing to provide any financial documents or any inventory. What can I do?

If the executor has been appointed in court a proceeding can be brought to compel disclosure. If the executor has not yet been appointed and you...