If my parents gift my brother, our children and grandchildren money from their saving or IRA can a nursing home still take it?

A gift from an IRA requires a withdrawal by your parents first which will cause a taxable event. Your parents are free to gift to you. However...

My sister in law is in a nursing home ,can she leave her house to her daughter instead of her husband

The answer is yes. However, how old is the daughter. If she is under 18 years old it will be complicated and expensive. In addition, her husband...

Is my stepfather allowed to continue collecting rent on my deceased mothers house or must he live in it or sell it?

If the Will gives your grandfather unfettered life use of the property he would have the right to rent the property and keep the net profit.

As a new trustee for a NY crut, am I entitled to compensation under scpa 2309 1 & 2 or 5 b & c

Unless the trust specifically provides that the trustee is to serve without compensation, you are entitled to a fee. Start be reviewing the trust...

I inherited money from my mom. I took that money and put it in my name and husbands than bought a house with those funds.

Your question is difficult to answer in this forum. Is your husband willing to transfer the property to you or a trust for your children? If your...

Do I need to go to Probate Court if I am are trying to sell my mother's home in New York who passed 3 years ago without a will?

If the house is in just your mother's name it will be necessary to have an Administrator appointed. Although you can try to petition the court...

What are possible motivations for siblings to ask parents to change executor on their will from son to lawyer?

Sadly, you answered your own question. Your siblings don't trust you. The capacity of your parent is a separate issue. It could be the basis for...

What action can I take as executor to get get him evicted? What are my options?

As the Executor you have authority over the estate assets for the benefit of all of the beneficiaries. You are in a difficult position. The...

PROBATE - is there a Deadline to file in NYS?

1. There is no specific deadline to file for letters. However, a delay may cause the loss of assets. 2. Preliminary letters are available and...

A Will is not notarized in New York. The notary is of no cosequence. The affidavit of witnesses is notarized. If in doubt, simply have the...