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Judith D. Grimaldi speaks at the NYSBA Elder Law and Special Needs Summer Meeting

Judith D. Grimaldi speaks at the NYSBA Elder Law and Special Needs Summer Meeting

This month, the New York State Bar Association’s Elder Law and Special Needs Section Summer Meeting invited Judith D Grimaldi to speak on:

New Developments in Elder Law: New Medicaid Eligibility Rules, Federal & State Legislative Changes, Recent Cases and Decisions of Interest, Administrative Pronouncements

               

View program

GRIMALDI & YEUNG LLP:
Phone: 718-238-6960
Brooklyn and Manhattan Offices:

9201 4th Ave, 6th Floor
Brooklyn, NY 11209

546 Fifth Avenue, 6th Floor
New York, NY 10036

80 Maiden Lane, Suite 304
New York, NY 10038
917-261-4514

This post is made available by the lawyer for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this site you understand that there is no attorney client relationship between you and the lawyer. The post should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. ATTORNEY ADVERTISING.

Steps a Disabled Person Can Take to Obtain an Inheritance

Steps a Disabled Person Can Take to Obtain an Inheritance

The Legal Intersection of Inheritance and Disability: A Primer
By Regina Kiperman and Naomi Levin

Published in NYSBA Elder and Special Needs Law Journal  | Spring 2017 | Vol. 27 | No. 2

“Picture John. John has had a diffi cult life and, now that he is dead, will have a diffi cult estate to settle, due mostly to the composition of his family. John is survived by four siblings. One of John’s siblings is missing, the other in jail, the third (the nominated executor) was involved in a tragic accident and now has a court-appointed guardian of the person and property, and the fourth—the baby, if you will—happens to be 13. In short, John’s estate is a recipe for disability disaster.

Commencement of Proceeding
The first issue is who can commence this proceeding? Although the nominated executor is incapacitated, the nominated executor’s court-appointed guardian may commence the probate petition.1 (Incidentally, the court-appointed guardian would also be able to commence an administration proceeding if John had died intestate.2)

When an estate proceeding is commenced, the Surrogate’s Court must (i) acquire jurisdiction over all interested parties; and (ii) ensure that the rights of all interested parties are adequately protected. When an interested party is under a disability, the court takes certain precautions. A person under a disability is defi ned in New York Surrogate’s Court SCPA 103(40), and includes fi ve groups of people: (a) an infant, (b) an incompetent, (c) an incapacitated person, (d) unknown or whose whereabouts are unknown, or (e) confi ned as a prisoner who fails to appear under circumstances which the court fi nds are due to confi nement in a penal institution.

Read the rest of the article here

Additional resources provided by the author

For more information, please contact estate planning attorney Regina Kiperman:
Phone: 917-261-4514
Email: rkiperman@gylawny.com
Or visit her at her new location:
Grimaldi & Yeung LLP
80 Maiden Lane
Suite 304
New York, NY 10038

Visit Regina on Google+

This post is made available by the lawyer for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this site you understand that there is no attorney client relationship between you and the lawyer. The post should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. ATTORNEY ADVERTISING.

Do I Need A Last Will and Testament?

Do I Need A Last Will and Testament?

A Last Will and Testament (“Will”) is one way that you can provide instructions for the distribution of your property after you die. So here are some tips to determine when a Will may be beneficial for you based on variety of life events.

The top 5 reasons you should create a Will

  1. When you want to override the Default Rules

If you do not have a Will, then New York state provides a set of rules for the distribution of your property. Essentially, if you are survived by a spouse, then the spouse gets the pot. If you are survived by a spouse and children, then your spouse gets the first $50,000 and then shares the rest with the kids. Click here for the complete set of rules.  You may want to create a Will if you want to give your spouse everything or disinherit completely and provide nothing.

  1. When you want to ensure that your non-biological child will receive a share.

New York states treats adopted children, non-marital children, posthumously conceived children, step-children, and foster children differently. Click here for explanations of how each type of non-biological child is treated. You may want to create a Will if you are concerned about the inheritance rights of your non-biological child after your death.

Last Will and Testament

  1. When you want to make charitable bequests.

New York state law does not provide for any automatic gifts to charity. If you want to make a charitable donation, then you will need a Will.

  1. When you have minor children.

You can use your Will as an opportunity to nominate who could be the guardian of your minor child or the trustee of a testamentary trust established under your will. Click here for more information on who can be an appropriate fiduciary.

  1. When you want to maintain control after your death through use of trusts.

If you are concerned about vesting complete control in your heirs, then you can continue to maintain control through the use of trusts established under your will.Just remember one thing – if you do create a Will, be wary of leaving it in your safe deposit box!

Additional resources provided by the author

For more information, please contact estate planning attorney Regina Kiperman:
Phone: 917-261-4514
Email: rkiperman@gylawny.com
Or visit her at her new location:
Grimaldi & Yeung LLP
80 Maiden Lane
Suite 304
New York, NY 10038

Visit Regina on Google+

This post is made available by the lawyer for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this site you understand that there is no attorney client relationship between you and the lawyer. The post should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. ATTORNEY ADVERTISING.

What to do if you Receive a Waiver of Process

What to do if you Receive a Waiver of Process

Jack comes home from a long day of work, having spent 20 minutes stuck on the R train due to signal problems. In his mailbox, Jack finds a letter from his sister, Emma. Emma is handling their mother’s estate and sent Jack a document called a “Waiver of Process; Consent to Probate.”

Waiver and Consent

Do I sign this?

Jack stares at the document for a few minutes, then throws it on the table, wondering if his day will get any worse or any more confusing. Should he sign a “Waiver of Process and Consent to Probate / Administration” or appear at the return date of a “Citation”?

A Waiver of Process; Consent to Probate is a form that gets sent out to the distributees, or, necessary parties, to a Probate proceeding.  The purpose of the form is twofold.

  1. The first purpose is to help the Court acquire jurisdiction over all of the parties. By signing the form, Jack is advising the Court that he is agreeing to have the Court make decisions that will have a binding affect on Jack. For example, where there is a Will, Jack is consenting to the Court reviewing the documents and accepting the Will to Probate. Where there is no Will, Jack is consenting to the Court reviewing the documents and appointing somebody to manage a decedent’s estate.
  2. The second purpose of the form is to advise the Court that Jack is consenting to a specific person being named the Executor (where there is a Will), or Administrator (where there is no Will). In this case, in signing the form, Jack is advising the Court that he is consenting to Emma’s appointment as the fiduciary.

The main questions that you should ask yourself before signing this form are:

  1. Am I objecting to the admission of the Will to probate? If the answer is yes, do not sign the form.
  2. Am I objecting to the person seeking to become the Executor/Administrator. If the answer is yes, do not sign the form.
  3. Do I want to be the Administrator (in cases where there is no Will)? If the answer is yes and if you are eligible to serve, then do not sign the form. For more information on whether you are eligible to serve, click here.

If Jack signs the Form, then there is nothing more for him to do. He does not have to appear in Court. Note that by signing the form, Jack has not waived his inheritance.

If Jack does not sign the Form, then the Court will need to issue a Citation. A Citation also serves two purposes. The first purpose is to acquire jurisdiction over Jack. The second purpose is for the Court to provide a date and time for Jack to appear and advise the Court of any issues that Jack has about the process.

Additional resources provided by the author

For more information, please contact estate planning attorney Regina Kiperman:
Phone: 917-261-4514
Email: rkiperman@gylawny.com
Or visit her at her new location:
Grimaldi & Yeung LLP
80 Maiden Lane
Suite 304
New York, NY 10038

Visit Regina on Google+

This post is made available by the lawyer for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this site you understand that there is no attorney client relationship between you and the lawyer. The post should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. ATTORNEY ADVERTISING.

How to Avoid Probate Using Real Property Deeds as Estate Planning Devices

How to Avoid Probate Using Real Property Deeds as Estate Planning Devices

Alice and Bill live in Brooklyn. They are about to purchase their first home. Understanding how expensive the Brooklyn real estate market is, Alice’s mother, Cathy, is going to contribute some money towards the purchase of the property. But how can this deed be titled to both preserve the mother’s rights and avoid Probate.
There are a number of ways to hold property and not go through probate:

  • The first way to hold property is as “tenants in common.” Tenants in Common are considered to own their share of the property and be responsible for all costs of their pro rata share. When a tenant in common dies, that person’s share passes via that person’s estate. If a person has a Last Will and Testament, then the property will pass pursuant to that Will. If the property was transferred into a Trust, then the asset will pass pursuant to the terms of the Trust. If a person dies without a Will then the property will pass in accordance with the laws of intestacy (or, in New York, pursuant to Estates Powers and Trusts Law Section 4-1.1). The estate of a person who holds property as a tenant in common will then have to determine what needs to be done, including whether they need Court approval to sell. A tenancy in common may be the optimal way for two parties who have different remainder beneficiaries to hold property. However, this way of holding property may not be ideal for those parties desiring to pass their property to the same person, or, those trying to avoid probate (click here to learn more.)
  • Another way to hold property is as Joint Tenants. Joint tenants each own the full share of the property. Upon the death of one tenant, the second tenant automatically succeeds to the deceased tenant’s ownership interest in the property. There is no need to probate.

What about Cathy? Can Cathy’s contribution to the property be reflected in the deed? Perhaps Cathy should be given a “life estate.” A life estate is only available during a person’s lifetime. During life, the other parties cannot sell or do anything to the property without the consent of the life estate holder. A great option if Cathy does not want Alice to cash out and move out to another state. At death, the life estate holder’s interest is extinguished, again avoiding the need for probate.

What’s the best option for Alice, Bill, and Cathy? Under these circumstances, a joint tenancy deed with a life estate for Cathy.

Additional resources provided by the author

For more information, please contact estate planning attorney Regina Kiperman:
Phone: 917-261-4514
Email: rkiperman@gylawny.com
Or visit her at her new location:
Grimaldi & Yeung LLP
80 Maiden Lane
Suite 304
New York, NY 10038

Visit Regina on Google+

This post is made available by the lawyer for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this site you understand that there is no attorney client relationship between you and the lawyer. The post should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. ATTORNEY ADVERTISING.

Congratulations to Pauline Yeung-Ha who will be honored as a 2017 Brooklyn Women of Distinction

Congratulations to Pauline Yeung-Ha who will be honored as a 2017 Brooklyn Women of Distinction

On June 1st, Pauline Yeung-Ha is being honored as one of the 2017 Brooklyn Women of Distinction.

Please join us as we honor these amazing women for their extraordinary commitment to their vocations, dedication for volunteering and influential impact on the greater community.

Thursday June 1, 2017
6:00 PM – 9:30 PM EDT
Click for the invitation

Women Of Distinction_2017_04_28

 

GRIMALDI & YEUNG LLP:
Phone: 718-238-6960
Brooklyn and Manhattan Offices:

9201 4th Ave, 6th Floor
Brooklyn, NY 11209

546 Fifth Avenue, 6th Floor
New York, NY 10036

80 Maiden Lane, Suite 304
New York, NY 10038
917-261-4514

This post is made available by the lawyer for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this site you understand that there is no attorney client relationship between you and the lawyer. The post should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. ATTORNEY ADVERTISING.