Keyword Search Result: administration of estate

Estate Planning Need Not Wait

THE FACTS: For months now I have been meaning to schedule an appointment with an estate planning attorney to discuss my wishes with respect to a will, healthcare proxy and power of attorney. I have a lot of questions and really need some guidance as to what I should do and how I can best […]

The rights of a posthumously conceived child

THE FACTS: My brother Tom recently passed away. I am the administrator of his estate. Tom had no children and was not married at the time of his death, but he was living with Sue. They had been living together for over 10 years.  About a month after Tom’s funeral, Sue told me that she and […]

Can one spouse transfer property that is jointly owned?

THE FACTS: My husband Joe and I own our house jointly. In addition to our joint checking account, Joe has a savings account with a balance of about $100,000. Joe suffers from advanced dementia and his health is failing. I do not know how much longer he will be able to live at home with […]

Safeguarding your children’s inheritance when you remarry

The Facts: I will be getting married soon. It is a second marriage for both me and Mary. We both have children from our prior marriage. Question: Is there something can have Mary sign to insure that my assets will pass to my children when I die? The Answer: If you are only worried about […]

Contesting the probate of a will

The Facts: My brother Joe died recently. At the time of his death, Joe was living in a house that has been in the family for generations. When my father died, Joe inherited the house. It was understood that he would eventually pass it on to me, his only surviving sibling, or to his children […]

Does an adopted child have the right to inherit?

The Facts: When I was three, my parents adopted a baby and named her Mary. My mother died seven years later and my father remarried. My father and his second wife had two children together. My father recently died without a Will. My half-siblings insist that since Mary is not my father’s biological child, she […]

Why bother with Estate Planning?

The Facts: I am a widow with modest assets and a small IRA. I have two grown children and two young grandchildren. My friends have been urging me to see an attorney about developing an estate plan. The Question: Considering the size of my estate, is that really necessary? The Answer: The short answer to […]

The Importance of Beneficiary Designations

The Facts: My brother Joe was dying from cancer and wanted to be sure that all of his assets passed to his wife, Mary, upon his death without the need for court intervention. He mentioned this a number of times so I assumed he had taken the necessary steps to insure that his wishes were […]

Should you put your original will in a safe deposit box?

The Facts: My father executed a Will many years ago in which he disinherited my older brother, Joe, and named me as executor of his estate. Joe had been estranged from the family for years. My father recently passed away. I have looked through all of my father’s papers and cannot find the Will. I […]

The Right Way to Change a Will

The Facts: My mother recently passed away. She and my father were divorced and my mother was in a long term relationship with Tom. My mother prepared her will before she met Tom. After living with Tom for many years, my mother made changes to her will by writing in the margins of the pages […]

Can I Sell My Father’s Vacation Home?

The Facts: In his Will my father names me as the executor of his estate. I filed a petition in the surrogate’s court to be appointed executor and have been issued letters testamentary. In addition to his home in New York, my father owned a vacation home in Florida which I need to sell. The […]

Is a Life Estate the Way to Go?

The Facts: Many of my friends have told me that I should transfer my house to my son and retain a life estate. The Questions:  What are the pros and cons of doing that? The Answer: People often transfer their property to their children and create life estates because they believe it is the best […]

The differences between joint tenancy and tenancy in common

The Facts:  After my husband died, I remarried a wonderful man named Joe. Joe had been married before and had 3 children with his first wife. Since Joe moved into my house and was helping to pay the carrying costs, I decided to add Joe as an owner on the deed to my house. Shortly […]

How does adoption impact a person’s right to inherit?

The Facts:  After my mother’s death I was approached by a man I will refer to as Joe who claims that my mother was his biological mother as well. According to Joe, before she and my father married, my mother gave birth to Joe and immediately put him up for adoption. Although Joe admits that […]

Giving the Gift of Education

The Facts: I would like to help defray the cost of college for my grandson, Joe. My daughter and son-in-law are not in a position to pay full tuition, room and board I don’t want them or Joe to borrow for his education. The Question: What is the best way to help out without hurting […]

Consistency Is the Key

The Facts: My mother’s Will contains provisions that are inconsistent with other documents she has signed and with what she told my sister about the distribution of her estate. The Question: Are the Will provisions void or are the other documents unenforceable? The Answer: Unfortunately, the situation you’ve described is quite common and often creates […]

Can My Mother’s Estate Be Passed Directly to My Children?

The Facts: My mother recently died. In her Will she left her entire estate to me. If I had died before my mother, her estate would have passed to my children in equal shares. I would like my inheritance from my mother to pass to my children. The Question: Is there a way I can […]

What is the Role of the Executor in Settling an Estate?

The Facts: Some people who have been named as executors told me their jobs were quite simple while others complained about all the time and effort it takes to administer an estate. The Question: What are the responsibilities of an executor and why does the complexity of the process vary so much? The Answer: The […]

Who is Required to Get Notice of the Probate of My Will?

The Facts: My father died 2 years ago. My mother is receiving hospice care. In her Will my mother leaves her estate to me and my sister. Her Will provides that my estranged brother who has not been seen or heard from by anyone in the family for over a decade is not to receive anything. […]

What Happens if you Die Without a Will?

Many people mistakenly assume that, if they die without a Will, all of their assets are taken by the government. Although seizing a person’s assets may be a great way for the government to raise revenue, unless a person owes the government money, the government will not step in and seize a person’s assets when […]

Children From a Prior Marriage & Property Ownership

The Facts: My father had a daughter, Jane, from a prior marriage. He and Jane did not stay in touch. Since he wanted me to have his house after his death and wanted to avoid probate, my father put my name on the deed to his house after my mother’s death. The deed does not identify […]