Do I need to contact attorney who drew up irrevocable trust for dad upon his death and I am the only beneficiary
Bryan's answer
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Answered on July 05, 2016
If you are the sole trustee and sole beneficiary, then the house and trust property are your own. If you want to sell the house, it would make...
Can executor be given authority to decide what happens with property?
Bryan's answer
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Answered on July 05, 2016
Most wills give an executor wide discretion to administer and sell property. If the will is silent about this, New York’s Estates, Powers and...
Archived
How does being a Co Executor to someone's estate work?
Bryan's answer
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Answered on July 01, 2016
If he died with a will, then the nominated executor will end up administering his estate. If he died without a will (i.e., intestate), the law of...
Archived
Can the son of a deceased parent get a copy of the will whether or not he is named in it?
Bryan's answer
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Answered on June 29, 2016
If the will was probated, then someone (probably the executor) filed the will at the Surrogate’s Court. In that case, it is part of the public...
Archived
How can adult children sell the family residence if their divorced father dies without a will?
Bryan's answer
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Answered on June 29, 2016
Because your father died without a will, the law of intestacy says that each of his children is his heir. As a matter of law, the moment that he...
Archived
Am I entitled to a copy of my credit check report if my realtor ran it for me?
Bryan's answer
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Answered on June 29, 2016
I agree with my colleagues' responses. Ask for a copy of the report as soon as possible, preferably within 30 days.
Keep in mind that each of...
Can I get my motorcycle back if the buyer is not paying?
Bryan's answer
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Answered on June 28, 2016
If you had a security agreement giving you rights with regard to collateral (i.e., the motorcycle) and you “perfected” your security interest by...
Archived
What can I do if I found out that I am living in a foreclosed home paying rent
Bryan's answer
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Answered on June 28, 2016
That is outrageous. Yes, she can be charged with a crime. If she is not the landlord, then she does not have the right to enter or rent the...
Can a New York state resident choose an executor who lives in Canada?
Bryan's answer
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Answered on June 28, 2016
The answer is a bit complicated. I will explain.
The statute provides that a “non-domiciliary alien” cannot be appointed as fiduciary unless...
Archived
Can an Irrevocable Life Insurance Trust mandate that the Trustee hold the insurance proceeds in a Lifetime Trust for my kids?
Bryan's answer
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Answered on June 26, 2016
You have described a process known as “decanting,” in which assets are poured from one trust into another.
An irrevocable life insurance trust...