Can my father sell his house if it is in an irrevocable trust with my sister and I listed as the beneficiaries?

Generally, a trustee can always sell an asset of the trust. What happens after the sale depends on the trust document. Beneficiaries can only...

The look back period does not start the clock running. It was that way until 2/05 when the law changed. The look period begins when the donor is...

How can a parent transfer a deed to child but still live there to avoid future medicaid asset recovery?

As an Elder Law attorney, she can transfer the house to the child retaining a life estate. However, the actuarial value of the remainder interest...

What criteria need exist for an executor of a deceased couples will/trust, when denying distribution of assets to a beneficiary?

Your story is a moving target. If you are concerned with your brother's actions as Executor, you simply bring an accounting action is Suffolk...

Can I hire a lawyer to be an executor for a relative's will?

Any lawyer can serve as executor of the estate. You are free to make any fee arrangement want. However, New York is very strict and requires a...

You are extremely fortunate. Until 12/13 of last year, a parent, grandparent, court or guardian could establish a trust and fund it with the...

You need to see an Elder Law attorney. Every case is different and the pros and cons of each strategy have to be hashed out to determine what is...

Re: Best form to put onto the title /deed of my house in New York—Revocable trust or Joint tenancy agreement with post nuptial

You need to put the building in an LLC. You and your wife can each own 50% but you can be the managing member giving you full operating control...

LIFE ESTATE DEED receive the house as GIFT guess

You have it backwards. Because your mother retained a life estate, you get a stepped up basis. Your gain or loss is determined by the date of death...

How do I know when the will of my deceased great grandmother is ready to view at court?

Surrogates Court may not talk to you. In order to have the will admitted to probate, your mother must be served a citation or asked to sign a...