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I need advice regarding probate / estate law in NYs, I said…

Hi..... I need advice...

Hi..... I need advice regarding probate / estate law in NYs

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

I said NY

Lawyer's Assistant: What documents or supporting evidence do you have?

I'm co-executor with brother on mother's estate. I don't live there, brother does. He's hostile, unreasonable and I'm fed up. Fed up enough to resign as executor and give him the house. Question: Can I walk away without risking liability for house btw now and time it's surrendered?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There are no debts to be paid on the estate. The house is all there is. There's a bank account being used by brother to pay utilites.

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Answered in 2 minutes by:
9/9/2017
Roy Hadavi
Category: Estate Law
Satisfied Customers: 1,280
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney with extensive estate planning and probate experience. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

A quick question first: are you the executor (person that manages the division of the estate), the beneficiary (person that receives a share of the estate) or both?

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Customer reply replied 8 months ago
both

Thank you for that information.

Do you want your share of the estate (the house) distributed to you?

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Customer reply replied 8 months ago
no, i want my brother out of my life and to close this chapter

Okay. Thank you for all of the information.

I am sorry to hear that your relationship with your sibling has come to this. Family disputes are never easy.

Please give me a moment to formulate a response.

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Customer reply replied 8 months ago
By the way, the only assets not distributed are the house and $45k that was in her checking account. He's using that money to pay the utilities

If you do not want your share of the estate and the house, you will need to prepare an agreement for your brother to sign releasing you of any liability for the property and any claims against the estate, in exchange for your share of the property and the bank account. Also, if your name is ***** ***** deed to the property and the account, you will need to file a deed with the county assessor removing your name from the property and notify the bank to have your name removed from the account.

You may be able to prepare these documents on your own using templates online, but I recommend that you contact an attorney to assist you with this matter. An attorney can ensure that the documents sufficiently protect you from any liability.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Customer reply replied 8 months ago
The house is still in mother's name.
I hired a local attorney who said the same thing, at first. Now he says that I'm risking liability for anything that happens to house in future. Also something about a gift tax
Customer reply replied 8 months ago
To be blunt, I'm concerned that his advice is motivated by potential fees their office will gain
Customer reply replied 8 months ago
Have i used my last question?

No, there is no limit. I am typing right now. Sorry, taking a little bit of time.

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Customer reply replied 8 months ago
Actually, your answer does state that properly prepared
documents can sufficiently protect me
Customer reply replied 8 months ago
I've been an emotional wreck since mother's death. It's difficult to think objectively

I completely understand. Unfortunately, many attorneys are not very trust-worthy. They give the rest of us a bad name.

Something you should know about me: I will always tell you if you can accomplish a legal matter on your own. I will also tell you how to accomplish it in the cheapest, but most effective way possible. Just like you can sometimes use the internet to diagnose a medical issue yourself and don't need a doctor, but you would never try to do surgery on yourself.

Gift Tax - If the property has never been transferred into your name, then you would not be gifting it to your brother. You would simply be releasing your claim to any of the inheritance. You can easily include language to this effect in an agreement. This agreement will also serve as proof, if there is any claim by the IRS that you have reached your gift tax limit.

Liability - A good attorney will be able to prepare a document that clearly releases you of any liability for the property. In addition, you can include an indemnification clause. An indemnification clause is essentially a shield clause; it requires one party to defend another party in any case brought against that party. In this case, your brother would indemnify you against any claim that may arise.

If you do not believe that the attorney currently assisting you is competent to help you, you can always shop around. Most attorneys will provide an initial free consultation to allow you to meet without the concern of wasting money. Also, a good attorney should be able to help you with all of this on a flat-fee basis, not an hourly basis. This way you will know the cost up front.

Roy Hadavi
Category: Estate Law
Satisfied Customers: 1,280
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified
Roy Hadavi and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 8 months ago
Okay, thanks. ***** gave him $3600 retainer
Customer reply replied 8 months ago
I'll get that back.

You can absolutely get the retainer back. An attorney retainer is essentially a deposit and is 100% refundable. The only portion of the retainer that the attorney may keep is the amount he has earned. In order to keep any portion of the retainer, the attorney must provide an invoice clearly outlining the time spent and the cost and must turn over your entire case file, including documents that the attorney has prepared and is charging you for.

I wish you the best of luck!

Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: https://www.justanswer.com/law/expert-royhadavi/ Or, simply request “Roy only” in the first line of your question.

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Customer reply replied 8 months ago
okay, thanks

You're very welcome!

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