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Mary La Manna Ulrich

Mary Ulrich’s Answers

31 total

  • Can my former spouse go after any money, estate, valuables, or property upon my moms passing?

    My former spouse is a relentless gold digger. She is not in my Moms will, but my Mom is afraid that my former spouse will make claims.

    Mary’s Answer

    If your former spouse is not in your mom's will, she has no inheritance rights. Moreover, NY has a statute which specifically excludes a spouse from the will of the divorced spouse once a divorce is entered, so she could not inherit from you either if you did not update your will.

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  • Are step children considered living issue, per stirpes?

    My husband became a step parent to my children 15 years ago, but never adopted them. His uncle left a trust fund, established in NY, which states "if he is not living, such percentage of the net income shall be paid to his then living issue, per s...

    Mary’s Answer

    In NY children that are not natural born or adopted do not inherit.

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  • Unless challenged, in NY Estates aren't Joint bank accounts presumed to belong to the survivor even if "JTWROS" isn't specified?

    Since many people set up joint accounts so their heirs will receive the accounts wholly and directly on their death without co-owners having had to contribute to these accounts, in NY estate administration, don't Joint bank accounts titled with "...

    Mary’s Answer

    In NY, if there is no statement as to how an asset is owned, and there are 2 or more owners, the property is owned as "Tenants in Common", which means that each co-owner can pass their share to their estate or whomever they please. You need to speak with the bank and may be a local attorney to determine the status of the account.

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  • Can I as the executor sell the property, divide the money as it specifies in the will without the approval of the other 3 people

    I was the executor of a will that was probated in NYC 28 years ago and I received 50 % of the estate and 3 others received the other 50% and it is discovered later there is a property that was owned by the person who died that was not know at tha...

    Mary’s Answer

    You can distribute the property without the approval of the other beneficiaries, however, you should get releases from each of them releasing you from liability for administering the estate.

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  • Why can I do

    I was told I was left inheritance from my grand father and great grand mother but it was taken by a uncle how can I find out.

    Mary’s Answer

    If there was a will, it would have to be filed in the Surrogate's Court in the county in which he/she died. You can check the records of the court. If it was just in a bank account which was to be paid on death to you, you would have to know the bank and have a copy of the death certificate. If it was simply a statement he/she made to you that they were leaving money to you, you may be out of luck. Good luck to you

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  • Is it possible to adopt our grandchildren if we have guardianship and the mother is unwilling to give up parental rights?

    My husband and I have permanent guardianship of grandchildren. The first we have had for 4 years and the youngest for over 3 years. One is 5 and the other 3. We would like to adopt but, are unsure if we can. The mother abused the oldest son and al...

    Mary’s Answer

    I strongly recommend that you seek council to review the matter in depth and determine the likelihood of your success. Good luck to you.

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  • If we place a co-op apartment in my disabled brother in law's name, what type of medicaid benefits will be affected?

    My brother in law is disabled. He became disabled before he turned 18 and is receiving SSD. He is not receiving any SSI or any NYS supplement. He is also receiving medicaid and medicare benefits. He is currently living in supported housing. We...

    Mary’s Answer

    If your brother in law is going to live in the coop, it will be an exempt asset and would not affect his Medicaid benefits. However, if he is over 55, Medicaid could put a lien on the coop for Medicaid paid on his behalf. I would contact the coop board and see if they will allow you to put the coop shares in a "supplemental needs trust". This would avoid the lien until death if the assets used to purchase the coop are his, and would avoid the lien if the money used to purchase the coop are from a third party

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  • If an account is POD/ITF/ATF, must the total value of such accounts still be listed on the estate inventory value?

    If an account is POD/ITF/ATF and the beneficiary inherits the assets, none of that is probate, but is the total value of such accounts to be listed on the deceased’s estate inventory? Is the answer the same whether the accounts are husband wife o...

    Mary’s Answer

    The list of assets-inventory that you complete after probate/administration includes all assets the decedent owned on the date of death. This is to determine whether the estate was subject to estate tax, and therefore includes assets that were not part of the probate estate.

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  • If sole Beneficiary (spouse) on bank account predeceases account owner, do account assets go to the original owner's estate?

    In NYC, NY, if ITF/POD Beneficiary (account owner's spouse) on bank account predeceases account owner (single owner and only the one predeceased beneficiary) and the beneficiary was never updated, and there is no will, do the account assets go to ...

    Mary’s Answer

    The account will revert back to the account owner's estate.

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  • I am wondering what are my options? is it possible to obtain the money? if so, what happens this situation? Whats the bestoption

    My brother and I are going through my fathers estate. My mother filed the death certificate stating they were married but were in fact not. My fathers job now acknowledges my Brother and I as beneficiaries. but the insurance company had already pa...

    Mary’s Answer

    I recommend that you speak with a NY probate lawyer.

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