You can ask for limited temporary letters of administration for the purpose of ejecting your father's girlfriend. She has zero rights to remain in...

How can my mother unwind a 2002 qualified personal residence trust given the federal exemption is 11.7M?

You are experiencing first hand the perils of estate planning. There are a number of issues here. First, was a gift tax return filed? Once the 4...

In NY the elective share cannot be satisfied by property in trust. A surviving spouse is entitled to $50,000 plus 1/3 of the augmented estate. The...

An executor has the right to rent out the property but can only use the rent for expenses related to the house. They cannot arbitrarily pay...

Your situation is problematic. Under NY law, a convicted felon cannot serve in any fiduciary capacity (executor or trustee), unless the state...

There are numerous ways to protect your son with special needs trusts. You can establish them while you are alive or create one in your will. ...

What court do I need to address?

If your sister is preventing your from seeing Dad, assuming you are on good terms, a guardianship may be the answer. However, the facts have to...

How do I protect my estate from further mismanagement ?

I agree with the prior answers. It all depends on the language in the trust. You may have been left the house in trust but it is the trustee who...

If the power of attorney is an NYS statutory power of attorney and your mother initialed "P", you have the absolute power to fire the advisor....

As long as there were assets in your husband's name, you are responsible to pay the expenses from any assets in his name alone. Any assets you...