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Trusts & Estates Law/Questions Answered by Expert Anthony S. Park
| Subject | Date Asked |
| Estate/Will/Real Estate. | 4/30/2011 |
| Q: I recently discovered that the home I grew up in...the home my mother (now deceased w/o a will) paid ... A: Donna, Yes, it will likely require three court proceedings (one for your grandmother's estate, one ... | |
| Intestate, Insolvent, 401-K balance of $3000 | 1/26/2011 |
| Q: First - thank you for your time and advise. Here's the question - Must a 401-K go through probate ... A: No, a 401K account does not go through probate so long as there is a named beneficiary. However, ... | |
| Do I need a will? | 5/17/2010 |
| Q: The only property I own is a COOP in NYC. My closest living relatives are two brothers and a sister, ... A: Marian, Did your deceased brother have any children? If so, then without a will the co-op would be ... | |
| surrogate tax dispute | 2/17/2010 |
| Q: My Uncle's estate, at the time of his death 6/2008 was valued at 1.4 million. He lived in NYC in a ... A: Yes, a 2008 estate of $1.4mm will owe New York Estate Tax. The executor is responsible for paying ... | |
| taxes | 5/11/2009 |
| Q: 524.00 from her uncle and we want to know if we have to pay federal taxes on the money and also this ... A: Any estate taxes due should have been paid by the executor before distributing to you wife. Are you ... | |
| Estate distribution | 3/18/2009 |
| Q: Mr. Park, My sister died and I am a beneficiary. The attorney handling her estate sent me a letter ... A: David, No, there is no specific date or length of time within which the executor must distribute. ... | |
| Estate Settlement | 2/15/2009 |
| Q: How can I, as sole beneficiary of an estate, force an executor to account for assets and settle the ... A: Chuck, the answer to your questions depends on state and local law. In New York, as in most other ... | |
| Wills & Estates | 2/13/2009 |
| Q: My grandmother's will left her property in equal shares to her 5 children who survived her, per ... A: Your father's estate should receive the share, unless your grandmother's will had a clause requiring ... | |
| Irrevocable Trust | 2/6/2009 |
| Q: I live in California and have an irrevocable trust in New York State that was initially set up by my ... A: Susan, There's no way to give you a competent answer without a full review of the trust agreement ... | |
| Distribution of property in NY upon death of spouse | 1/24/2009 |
| Q: I am planning to be married next year. We are an older couple, each with children, and will not be ... A: Gerie, If die with no will, then your new spouse would receive $50,000 off the top, then 1/2 of the ... | |
| estate assets and distribution (NY) | 1/21/2009 |
| Q: Mr. Park: my father died almost one year ago. I am becoming somewhat concerned that the executor ... A: Distribution from an estate can take many months, or even years, depending on the circumstances. ... | |
| Distrubution of Trust Funds | 12/9/2008 |
| Q: A dear friend of mine is executor of a family trust. As executor she sold a large number of stocks ... A: Spencer, The answer depends on the terms of the trust agreement. However, in many cases it is ... | |
| trustee and beneficiary responsibilities | 12/4/2008 |
| Q: My mom passed away about 7.5 years ago; my brother and I were the only beneficiaries...he was the ... A: It sounds like it never went through the courts. If your mom had a trust instead of a will, then ... | |
| trustee and beneficiary responsibilities | 12/4/2008 |
| Q: My mom passed away about 7.5 years ago; my brother and I were the only beneficiaries...he was the ... A: EFK, I cannot answer any of your questions without access to a copy of the will or trust. If you ... | |
| trust inheritance and rollover rules | 12/3/2008 |
| Q: Can an inherited trust of securities be rolled over into an IRA or current tax deferred account in ... A: van, I don't believe there's anyway to roll over the stocks into a tax-deferred account. Keep in ... | |
| Gift tax and listing of assets for probate | 11/15/2008 |
| Q: I am in NY state. My mother passed earlier this year and I am executrix of the estate. She was ... A: To answer your specific questions: 1. You must list property transferred during the decedent's ... | |
| Administrator of an Estate | 5/13/2008 |
| Q: Background: My grandmother passed,leaving a will in 1998. The estate is just now being probated with ... A: Valerie: (1) There is no strict timeframe in NY. As long as it takes. If it drags for an ... | |
| check made payable to the estate of | 5/7/2008 |
| Q: Do you have to deposit a check made payable to "the estate of Jane Doe" into an estate account or ... A: Amy: Yes, in most states, you must open an estate account to deposit the check, which typically ... | |
| Will | 5/3/2008 |
| Q: I am looking to estabilish a will and trust. We are married with 2 children (we both work and have ... A: Andrew, the types of documents and fees depend on your state and locality. In New York City, you ... | |
| life insurance inheritance | 3/25/2008 |
| Q: My mother passed away and left me and my two sisters as beneficiary of one of her life insurance ... A: Marilyn, under federal law, you may gift $12,000 per year to someone (your state's gift tax law may ... | |
| Step Mom Lying? | 2/21/2008 |
| Q: I live in New York State. My Dad passed away Feb. 6 2007. My step mom was left the house (it was ... A: Mike, if the will was ever probated, it will have been filed with the Surrogate's Court. If your ... | |
| No Will | 2/10/2008 |
| Q: My Father passed away in 2005 and my mother 2003 they left a home in NY. They never left a will and ... A: Cheryl, you have two possible solutions: (i) administer both your parents' estates in Surrogate's ... | |
| Will - beneficiary outside USA | 1/14/2008 |
| Q: I am a permanent US resident. Can I make a will that names people outside this country as ... A: Ash: yes, you can name non-residents as beneficiaries. If you don't have anyone in the US to serve ... | |
| Dead Dad/StepMother Refuses to Talk | 1/13/2008 |
| Q: My Dad died Jan 1,2008 after a 10 month bout with cancer. His home contains the estate of him and my ... A: David: Sorry to hear about your situation. Start by searching the Surrogate's Court in the County ... | |
| Living Trust, Assest moved? | 1/3/2008 |
| Q: My father died in 95. The living trust divided the estate; 1/2 to my surviving mother, and 1/2 to a ... A: Suzanne, check with a local real estate attorney or title company, but it sounds as though the house ... | |
| My uncle's house | 12/10/2007 |
| Q: My aunt left my uncle over 30 years ago in texas. He bought a house during the seperation and is now ... A: Richard, if they are still legally married, he should probably formalize a divorce and draft a will. ... | |
| NJ Will | 12/3/2007 |
| Q: Aparantely, my family contested (or attempted to) my grandparents will when I was about 13 (I am 30 ... A: Jennifer, you can obtain a copy of the will from the Court where it was probated. Check the Court ... | |
| Revokable Living Trust | 12/3/2007 |
| Q: Park, I have been told that I should have a revokable living trust, but like many other people, ... A: Dennis, a living trust is an arrangement whereby your assets are owned by the trust during your ... | |
| Inherited stock - cost basis | 11/30/2007 |
| Q: I inherited stock from my mother in 5 companies. I understand that the "cost basis" for this stock ... A: Jim: It's all or nothing, and you only can make that election if your mother's estate is a taxable ... | |
| will | 11/19/2007 |
| Q: what is your opinion of doing a will on legal zoom.com? thanks for taking questions. A: Harry, It is possible to create a perfectly valid will without the supervision of an attorney, but ... | |
| Claims against an estate | 11/15/2007 |
| Q: Mr. Park, I have made two claims against an estate which I feel owe me money. Is there a time ... A: I can't answer your question under NC law, but in NY, the estate has 7 months to respond to verified ... | |
| revocable trust | 11/15/2007 |
| Q: My Grandmother died last year. She left a good amount of money to her daughters (one being my ... A: Laurie, every trust is different and I cannot answer your question without reading the entire trust ... | |
| step up basis from irrevocable trust | 11/14/2007 |
| Q: My dad died June 24, 2005, creating an irrevocable trust. I stepped up all stock basis costs to ... A: Richard, I would need more details on the terms of each trust for an accurate response, but ... | |
| irrevocable trust | 11/14/2007 |
| Q: My siblings recently helped my mother set-up an irrevocable trust. They never informed me of this, ... A: Peggy, the $12,000 gifts are called "Crummey" gifts, and are commonly used in sophisticated estate ... | |
| out of state property | 11/14/2007 |
| Q: My wife and I own some land in another state. We both have wills and we are beneficiarys or each ... A: Charles, you should check how the current deed reads. In most states, you can avoid probate by ... | |
| 401K | 11/14/2007 |
| Q: A relitive of mine just passed away in October. Her husband was the beneficiary for her 401K, but he ... A: Corey, I don't believe you can do this. If the husband disclaims his right to the 401k, I believe ... | |
| revocable trust | 11/13/2007 |
| Q: My Grandmother died last year. She left a good amount of money to her daughters (one being my ... A: Laurie, it really all depends on the terms of your grandmother's will, which appears to have created ... | |
| Trusts and Estates Law | 11/12/2007 |
| Q: I am the excutor of a trust. My grandfather died and there is a house. I reside in this house now. I ... A: Steve, you can get a copy of your deed online through the nyc.gov website. Depending on the terms ... | |
| Mother's will | 11/10/2007 |
| Q: I am in Ohio, so I am not sure if you can help me. My mother took out a home equity line of credit ... A: This response is based on NY law, so you should confirm with a local attorney. Your mother's estate ... | |
| living trust set up | 11/9/2007 |
| Q: I am trying to get a clear answer on whether I have to refinance my mortgages if i put my properties ... A: it depends on State law and the terms of your existing mortgage. In New York, you probably have to ... | |
| Revocable Living Trust | 11/8/2007 |
| Q: If both grantors of a revocable living trust are deceased and the trustee has sold or transferred ... A: the procedure varies from State to State. In New York, the Trustee can have each beneficiary sign a ... | |
| Joint bank accounts with ITF beneficiary | 11/8/2007 |
| Q: Mom died in February; Dad died in May. Both were joint on several bank accounts >$500,000. My ... A: Bob, accounts that are held ITF are not subject to the terms of the will or intestacy. However, if ... | |
| estate dispute | 11/7/2007 |
| Q: My girlfriend's grandfather passed away in August. Under terms of the original will she was to have ... A: James, Your girlfriend would have to bring an action in Massachusetts Court to declare the Will ... | |
| beneficiary | 11/6/2007 |
| Q: I am confused. How do I find out if I am named as a beneficiary in a will? Who should I contact? ... A: Michael, if you are named in a Will, you will be notified by mail when the Executor probates the ... | |
| Probate/Inheritance question | 11/5/2007 |
| Q: My grandparents passed away within 2 weeks of each other. My grandfather passed away first and left ... A: Jennifer, Your question is a little unclear, but I believe the ultimate answer is yes, you must ... | |
| life estate | 11/4/2007 |
| Q: If my dad put a life estate on his property, can I use the land for collateral in the purchasing of ... A: probably not. Banks/lenders have always been leery of dealing with life estates, especially now ... | |
| resign a trustee | 10/31/2007 |
| Q: My father left me a peace of property in Florida when he passed away. He placed my uncle as the ... A: The formal method is for your uncle to do an accounting, where he report to you all of the income ... | |
| Changing will | 10/30/2007 |
| Q: Testor's will indicates percentages to be given to each beneficiary. Can beneficiaries agree among ... A: You cannot change the will, itself, but the beneficiaries may agree to make gifts among themselves ... | |
| irrevocable trust | 10/29/2007 |
| Q: Can an irrevocable trust be broken if all beneficiaries want it broken? (Pennsylvania) ANSWER: ... A: Mike, Who is currently receiving the income from the trust? Do you have a copy of the Will/Trust? ... | |
| irrevocable trust | 10/28/2007 |
| Q: Can an irrevocable trust be broken if all beneficiaries want it broken? (Pennsylvania) A: Mike, Yes, there are ways to terminate an irrevocable trust if all parties agree to it. However, ... | |
| probate law | 5/8/2006 |
| Q: My ex died in a motorcycle accident. He is remarried (to a woman who is in the army, and has not ... A: Jessica State law governs will and probate, so this all depends on which state your ex lived in. ... | |
| refusal of inheritance | 5/8/2006 |
| Q: My father passed in 2003 without a will. Under NYS law his wife and his 3 children must divide his ... A: Lynn Your mother and the two heirs can disclaim their share of the estate. However, your mother ... | |
| BENEFACTOR HAS PASSED AWAY | 5/6/2006 |
| Q: MY WIFE HAS AN AUNT WHO MAY BE PASSING AWAY IN THE NEAR FUTURE, AND MY WIFES MOTHER WAS THE ... A: Mr McCachren: It is unlikely that your mother-in-law, who has predeceased your wife's aunt, will ... | |
| estate settlement | 3/3/2006 |
| Q: Mr. Park, Thank you taking my e-mail. I am currently in the process of executing a will in New York ... A: Mr Foote 1. Insurance policies with beneficiary designations are generally not part of the estate. ... | |
| inheritance | 2/18/2006 |
| Q: I live in New Jersey. My grandmother wants to leave me her money ($1,000,000) when she dies. I am ... A: Tessie One possible solution is the use of a trust for you during your lifetime, then to your ... | |
| If I inherit some money from relatives, do I have to pay taxes on it? | 1/30/2006 |
| Q: Whats the percentage that NYC would take out of an inheritance? Relative in question has already a ... A: Guzman The amount of inheritance tax depends on the size of the estate, the applicable deductions, ... | |
| Trustee stealing a trust from his children | 1/29/2006 |
| Q: In 1987, my siblings and I were conned into signing some documents. I had been warned earlier that ... A: Church: Yes, trust beneficiaries and remaindermen generally have the right to compel interim ... | |
| Is it necessary for me to appear at probate? | 1/13/2006 |
| Q: Park, Thank you, in advance, for your time in reading this. I received today a notice of ... A: Mary: Contact the nominated executor (or his attorney). The contact information should be listed ... | |
| probate | 1/7/2006 |
| Q: does a beneficieary in a will have the right to see the will during probate? normanly how long does ... A: Mr. Janson: Yes, the in most states the beneficiary has the right to see the will. If not, once ... | |
| Family Business Transfer | 1/5/2006 |
| Q: My family owns a small type-s corporation worth about $2M dollars. My family would like to begin ... A: This is a complicated matter with potential income tax, capital gains tax, estate/gift tax, and ... | |
| Trust Fund Breaking | 11/11/2005 |
| Q: My grandma died in 2001 and left all the grandkids a small inheritance that we cannot touch until ... A: Review the trust document thoroughly. Most trusts provide for hardship withdrawals. Also, you ... | |
| Estate Law | 11/10/2005 |
| Q: My wife's parents own a house in Florida, and her father is getting on in years. He is leaving the ... A: Have a Florida estate planning attorney carefully review the current deed to the house, your ... | |
| Home Title | 11/2/2005 |
| Q: Good Morning, Not sure you will be able to assist me on this question but asking anyway. My home ... A: Kathy: I am a NY/NJ attorney, so this may not apply to FL law. In NY, you can change the name on a ... | |
| Assets of a Will | 10/24/2005 |
| Q: I have a question that I hope you can answer in simple language. If I put in my Will to leave my ... A: Paul: The "simple" answer is to draft your will in percentages (25% of my estate to child X, 25% to ... | |
| WILL | 10/21/2005 |
| Q: Anthony Hi, question, If I have a will written and in one of the lines it states the following: I ... A: Ken: 1. The clause is an attempt by the law firm to make sure that they are retained (and paid) to ... | |
| Estate Assets | 9/29/2005 |
| Q: Anthony: The mother of my cousin passed away without a will. Her mother owned a home, but few ... A: Nick: When a person passes away, the heirs typically receive the property with a stepped-up basis. ... | |
| WILL / HOUSE | 9/27/2005 |
| Q: Anthony - Thank you for the information, I have two other questions, first in regards to a living ... A: Question 1. I am hesitant to offer a more detailed explanation through this "advice" website. I am ... | |
| WILL / HOUSE | 9/25/2005 |
| Q: Anthony Hi, My mom want to draw up a will, and all other appropriet legal documents so I dont have ... A: There are many different ways of approaching your mother's estate planning, depending on her ... | |
| Trust distribution | 9/6/2005 |
| Q: I am the trustee for my parents revocable trust. They have both passed away. After my mother ... A: Monroy: You must record a new deed reflecting the transfer of the house to you and your sister. ... | |
| Estate Laws | 8/26/2005 |
| Q: I am in a bit of disorder at this time,but need some help.Six weeks ago,my daughter passed away.She ... A: Andrew: I am licensed to practice in New York and New Jersey, and my response is based on my ... | |
| Will | 8/12/2005 |
| Q: I have a further question or two. Why would the Executor ask me about the letter in the first ... A: Heirs may opt to "disclaim" their share of the inheritance (i.e., refuse to accept their ... | |
| living revocable trust | 8/6/2005 |
| Q: my mother is 84 years old. her assets including her house is less than $200,000. would it still be ... A: Dan: A living revocable trust (or lifetime trust) is used to avoid the probate process upon your ... | |
| Probate Contest | 7/31/2005 |
| Q: My Grandmother passed away without leaving a will. After her estate has been settled in probate ... A: Luckey: Depending on which of your family members were surviving at the time of your granmother's ... | |
| Taxes | 7/19/2005 |
| Q: My mother left a Revocable Living Trust where my brother gets the property and I get two thirds of ... A: Hunter: You need to file the final tax return for the trust (Form 1041). This is an income tax ... | |
| will @ testament | 6/12/2005 |
| Q: 6/11/05 SUBJECT..............LAST WILL AND TESTAMENT In Oct. 1990....mother-in-law passed ... A: Kemplen: Not all wills are filed with the court system. The unprobated will may be with your ... | |
| marriage liabilities | 6/7/2005 |
| Q: -------------------------Thank you so much, Anthony, for getting back to me so quickly. We live in ... A: Charlie: You would probably be most interested in use of Asset Protection Trusts (APTs). These ... | |
| marriage liabilities | 6/7/2005 |
| Q: Park, My net worth is about 1.5 million dollars and I plan to marry a woman with about one third ... A: Depending on the form of your assets and your desired level of liquidity, there are several asset ... | |
| Wills | 6/3/2005 |
| Q: My mother's brother died and even though my mother is in his will, etc. his girlfriend of 8 months ... A: David: 1. FYI, many, if not most, annuity products name the beneficiary of the annuity within the ... | |
| Transfer Property Ownership | 5/31/2005 |
| Q: I am the Personal Representative of my Mothers will presently in uncontested Probate procedures, I ... A: Jack: Specific procedures vary from state to state. In New York, the Surrogate's court usually ... | |
| Beneficiary designation; Tax on sale of home | 5/24/2005 |
| Q: Park, Thank you in advance for answering the following two questions. 1. When opening a bank ... A: ITF (In Trust For) and FBO (For Benefit Of, or Beneficiary) accounts both accomplish your goal ... | |
| Estate Planning | 5/20/2005 |
| Q: My wife and I have no children and intend to leave a bulk of our estate (>$1M) to a private high ... A: By setting up a Charitable Remainder Trust (CRT), you can elimiate capital gains taxes on gains you ... | |
| Will | 5/15/2005 |
| Q: My mother in law is 83 years old, She has put her condo up for sale.(N.Y.) the value is about 300k ... A: Zerring: You can find will templates/software at your local office supply store (including Staples, ... | |
| Living Trust | 4/17/2005 |
| Q: My mother recently died, March 12, 2005. She had a living trust. She left my brother in as ... A: Williams: If, as you state, the terms of the living trust dictate that the Trustee (your brother) ... | |
| inhertitance | 3/24/2005 |
| Q: aunt had house and property ownership and died 10 years ago. esate was not settles at that time. if ... A: Brady: Yes, your mother (or more accurately, her estate) has a right to claim your mother's 1/5th ... | |
| Nursing Home Costs | 3/14/2005 |
| Q: Park, My Aunt is concerned that the 120 acres she owns, if she had to enter a nursing home, might be ... A: Schrader: Yes, LTC (long-term care) insurance and the use of irrevocable trusts are two possible ... | |
| NY K1 in Florida | 3/12/2005 |
| Q: I have a few questions. Some may not apply to you but maybe you know about the information anyway. ... A: Robert: 1. The trustee (your father-in-law) should give you a copy of the trust document. You can ... | |
| probate | 3/10/2005 |
| Q: I am a "expert" over in, heating & air conditioning. My question, in general. When an estate in in ... A: Bill You MUST hire an attorney to submit an answer to the bank's foreclosure action. Otherwise, ... | |
| probate | 3/10/2005 |
| Q: I am a "expert" over in, heating & air conditioning. My question, in general. When an estate in in ... A: Bill: Have you probated the will? Have you been named executor? If so, you must hire an attorney ... | |
| property and heirs | 2/28/2005 |
| Q: Park, My Mother recently passed away and has left 2 homes in mine and 3 other brothers name.We ... A: Pitts: If you have retained an attorney, he should handle these types of issues for you. I would ... | |
| Please help, things aren't right here. | 2/25/2005 |
| Q: I hope that you can please help me. My brother passed away 5 yrs ago in Endicott NY. I was never ... A: Zupa: You should file a notice of appearance (either individually or with your attorney) with the ... | |
| POA's | 2/24/2005 |
| Q: I assume this is a pretty easy question for you, and it is : Can there be two people designated as ... A: It would be irresponsible of me to offer drafting advice on a POA without seeing the entire ... | |
| POA's | 2/24/2005 |
| Q: I assume this is a pretty easy question for you, and it is : Can there be two people designated as ... A: Have your mother execute a new POA and destroy all copies of the current POA. Make sure the new POA ... | |
| personal property distribution to multiple heirs | 2/24/2005 |
| Q: I am an adult who, along with six other cousins, has inherited an unmarried uncle's estate. It is ... A: If your uncle died intestate (without a will), then you and your cousins should divide all personal ... | |
| Estate Disbursement | 2/22/2005 |
| Q: My family is in the middle of a civil suit. My brother was killed 3 1/2 years ago at a motor cross ... A: If your brother had a will, then your inheritance depends on the terms of that will. If your ... | |
| will | 2/21/2005 |
| Q: My grandma died 14 years ago and we have just recieved her will. My mother gave me her last name on ... A: Speak with the attorney who is administering the estate and have him re-issue the check in your ... | |
| trust? | 2/7/2005 |
| Q: my uncle wants my cousin to sign a document that says he will give my uncle 50% of his inheritance. ... A: Your cousin should speak with an attorney, even if only briefly, before signing anything. You will ... | |
| Powers / fees of a trust | 2/7/2005 |
| Q: Mr. Park, My father recently died, a widower, he and my mother had set up a trust, the trustee is ... A: In NY state, for testamentary trusts, the Trustee's fees are set by statute (annual 1.05% for the ... | |
| will/estate | 2/4/2005 |
| Q: My name is Radu. I am interested to purchase part of the estate of my friend who died. I would like ... A: Contact the Surrogate's court in the county where your friend was living whenhe died. You can ... | |
| Transferring ownership of stocks. | 1/13/2005 |
| Q: This is a NY matter. I am executor of a relative's will. There are some stock holdings, (I am in ... A: Sita: Generally, when an individual dies with a will, the executor named in the will must submit ... | |
| Irrrevocable Trusts | 1/11/2005 |
| Q: Who qualifies to be a trustee or executor of an estate? Can the two sole beneficiaries act in this ... A: Please repost with a more detailed description of your situation, including: - in which state did ... | |
| Will & Trust | 1/2/2005 |
| Q: Is there a web site I can access that will give me will & trust information and maybe forms to fill ... A: You can use google to find several websites out there that provide generic forms. However, these ... | |
| Family Limited Partnerships | 12/29/2004 |
| Q: I mistakenly deleted the automatic reply that had the link to the answer of the question I emailed ... A: I am not familiar with how to retrieve the link. I have copeid the text of the message below. ... | |
| family limited partnerships | 12/28/2004 |
| Q: Over the last 20 years I have gifted my children a total of 40% of my total assets (which consist of ... A: Dzubow: How have you been gifting your assets to your children to date? Piece by piece? Dollar ny ... | |
| trust | 12/25/2004 |
| Q: I recently had a turst prepared by an attorney. He said you don't file it with any agency. You just ... A: You are correct. A trust is like a will, power of attorney, or any other estate planning document. ... | |
| Life estate question | 12/23/2004 |
| Q: Can I add some more info? This was grandma's house. She died and left the house in equal shares to ... A: What a quagmire. I strongly suggest that you bring your case to an attorney (most importantly, with ... | |
| Life estate question | 12/23/2004 |
| Q: Can a life tenant sell the property without the permission of the remainderman? If they can, can ... A: The purchaser (the friend) will be subject to the claims of the remaindermen after the life of the ... | |
| trusts | 12/21/2004 |
| Q: I've communicated before with you regarding this but its not settled: My uncle died 10 months ago ... A: If there was a will and the estate is worth at least $1.2 million, the will must go through probate ... | |
| Adding name to title | 12/20/2004 |
| Q: My girlfriend and I have been living together for about 12 years. (California) She has a home that ... A: I am licensed to practice in New York and New Jersey, but not California. As such, I strongly ... | |
| Estate | 12/7/2004 |
| Q: My Grandfather passed away 3 months ago. He told me that he drew up a will with his Attorney and ... A: Your uncle will not be able to sell the property until he probates the will through the local ... | |
| will/trust/power of attorney | 11/16/2004 |
| Q: I am power of attorney for my mother who is in the last stages of cancer. She has a will from 1984. ... A: 1. When she passes, her assets will be distributed by the executor named in her will pursuant to ... | |
| Bank account | 11/11/2004 |
| Q: I have my bank account in trust to my 22 year old daughter in NY state. When I die, can she just ... A: Tom Trifiletti: If the bank account is a ITF ("in trust for") or FBO ("for benefit of") type of ... | |
| Will a will save money? | 11/8/2004 |
| Q: I was wondering if a will does primarily save a family from the pain of dividing an estate or is ... A: Certain types of wills help to minimize a family's estate tax liability. However, estate tax is ... | |
| QUESTION ON WILLS | 11/3/2004 |
| Q: I have several questions on wills, first how long will a will last. If a will was made in 1982, is ... A: A properly executed will should last indefinitely. What do you mean by "review" the estate? An ... | |
| Stalemate over intestate property | 10/25/2004 |
| Q: My grandmother passed away last year without a will. My uncle, brother and I are the distributees of ... A: You must begin by going back to Surrogate's court and filing to be appointed adiminstrator of the ... | |
| Letters of Administration | 10/15/2004 |
| Q: -- Thank you for the speedy response. My sister died in White Plains Hospital but she resided in ... A: Patillo: If your sister died without a will, then tou must file a petition for letters of ... | |
| trusts | 10/5/2004 |
| Q: Can a spouse set up a trust for, say, adult children, using funds such as I-Bonds, IRA's, bank ... A: J. Dollinger: First, I am an attorney admitted to practice in NY and NJ. As such I cannot advise ... | |
| power of attorney | 9/25/2004 |
| Q: how do i resign my power of attorney for my stepdad and turn it over to y step brother, who is named ... A: Teri Dolphin: I am an attorney licensed to practice in New York and New Jersey, and not Colorado. ... | |
| --------------- Find out... | 9/24/2004 |
| Q: --------------- Find out if your sister has set up trustee bank accounts to hold the estate assets. ... A: There is a court procedure to compel the production of a trust document. However, going through the ... | |
| will rights | 9/17/2004 |
| Q: My mother was named in my late aunt's will over a year ago. My mother recently passed away. The ... A: Bonilla: Your mother's inheritance from your aunt's estate will pass into your mother's estate. ... | |
| My father died -- benefactors, admin. & no will | 9/14/2004 |
| Q: I am going through a situation and need to know if I need a lawyer. Since I am unfamiliar with this ... A: First, please be aware that I am attorney licensed to practice in New York and New Jersey, buy not ... | |
| trust | 9/13/2004 |
| Q: Mr Park -- I wrote a revocable living trust/ pour-over will/medical directive for my mother, who is ... A: Stafford: I am licensed to practice in NY and NJ, so please regard this as a general discussion of ... | |
| inheritance | 9/6/2004 |
| Q: I am named in my uncles will. The estate is approx 1.5 million and I will get about 1/12th. My 2 ... A: Morgan: The IRS does not require waivers to distribute estate assets. Most executors require the ... | |
| nevada spend thrift trust | 9/4/2004 |
| Q: i want to set up a nevada spend thrift trust for asset protection. i was referred to an attorney ... A: I am an attorney in New York, and I would also charge a minimum of $2,000 to advise you and draft a ... | |
| CRT Payments | 9/2/2004 |
| Q: If someone has not taken out the 7% (or whatever) like they were supposed to for a CRT, can they go ... A: Darin: If the CRT trustee has not been distributing, the trustee should have been filing annual ... | |
| will of ex spouse | 8/25/2004 |
| Q: My ex husband recently got married. In the will we had together I was beneficiary of assets. I ... A: As a NY attorney unfamiliar with Indiana law, I can only offer you general guidance and suggest that ... | |
| Wills and Surrogate court | 8/24/2004 |
| Q: -----Mr. Park thank you for your timely response. I guess the obvious question I should now ask is ... A: No, you don't need to retain another attorney for the hearing. The judge is just tying to expedite ... | |
| Will | 8/23/2004 |
| Q: My grandmother has all of her money (a little over $1,000,000) in CDs and in the federal reserve. ... A: Usually, CD's or other bank accounts should be titled "Granmother ITF (In Trust For) Tess," or ... | |
| probate law | 8/19/2004 |
| Q: When one spouse dies, does the other spouse automatically inherit all property that is jointly owned ... A: Finley: I am a New York attorney, and I cannot speak authoritatively on Nebraska, Oklahoma, or ... | |
| WILLS AND PROBATE COURT | 8/17/2004 |
| Q: MY MOTHER HAD A WILL ORIGINALLY WRITTEN APPROXIMAELY 20YEARS AGO BY A LOCAL ATTORNEY. IT NEEDS TO ... A: McKenzie: In New York, alterations to a will (codicils) must be witnessed and executed with the ... | |
Trusts & Estates Law
Answers by Expert:
Anthony S. Park
Top Expert on this page
Expertise
New York wills, probate, and estate planning.
"Wills" includes advice and preparation of the following documents: wills, powers of attorney, living wills, healthcare proxies, burial instructions, and other supporting documents.
"Probate" includes the following Surrogate's Court proceedings: probate, intestate administration, small estate administration, and most other proceedings.
"Estate Planning" includes planning for the following areas: asset protection, estate tax, income tax, charitable giving, and other wealth planning issues.
Experience
Experience: Anthony Park is an attorney with an active Wills, Probate, and Estate Planning practice located in midtown Manhattan.
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