the short answer is "yes" but a review of the trust is prudent to make sure the terms of the trust permit it as well. We have prepared many New...

I am filing a probate petition here in Kings County. Is it ok if I submit facsimiles of the waiver of process forms?

Attorney Jiminez is correct. The court will require originals (keep copies for yourself)

My inlaws had a will ( fatherin law died and mother in law had stroke and cannot talk /is now in the nursing home for evaluation

You should immediately consult with an experienced elder law attorney. Very often there are planning techniques that can save a portion (and...

Do all wills need to be probated in New York?

Typically, the only reason to probate a Will would be if the decedent owned asset(s) in his/her name individually with no named beneficiary on the...

My friend owns a 1/3 share of his deased father's Florida house with his two siblings owning the other 2/3.

It depends on how the deed reads. If they own as joint with right of survivorship, ownership passes automatically to the survivor(s) of the 3...

If will states that his daughters are to equally share his estate, including real,personal,mixed property does this include IRAS

if the IRA account(s) has a named beneficiary, it will supercede the Will. If not, then the IRA is payable to the estate in which case the Will...

What happens to the portion of property owned by someone when they pass away.

was your mother's Will probated? - If not, it needs to be. If so, then the property should have been transferred to you and your siblings equally...

You can absolutely disinherit a child. You should, however, acknowledge the child's existence (ie, mentioning him or her by name and stating that...

If my husband had to go to a nursing home, the house is in his name only, would the nursing home take the home.

You should consult with an experienced elder law attorney. There are provisions in the law to protect the "community spouse" if the other spouse...

Who can legally set up trusts, LLC's, S-Corps, C- Corps, and wills in New York State. Does a lawyer have to set these up?

There is no legal requirement that one must retain a lawyer for what you have asked about. However, as you pointed out, there are various reasons...