Frequently Asked Questions

Clear answers to your most important legal subjects.

Probate & Estate Administration

What happens if an executor doesn’t do their job?

If an executor fails to act responsibly, beneficiaries can petition the court to have them removed and replaced. An attorney can help monitor executor performance and protect your rights.

Can creditors take everything from an estate?

Creditors must be paid, but there are legal protections and exemptions. Skilled representation ensures valid debts are paid while maximizing what’s left for heirs.

Do out-of-state heirs have to appear in Queens Surrogate’s Court?

Not always. Many steps can be handled remotely or by your lawyer, though sometimes personal appearances are required.

Wills & Trusts

What happens if my will is lost or destroyed?

New York requires strict proof to accept a copy or secondary evidence of a will. This is why proper storage and legal guidance are essential.

Can I leave different assets to different children?

Yes. Wills and trusts can be customized to distribute assets unequally if that reflects your wishes. Clarity is key to avoiding disputes.

What is a living trust and how is it different from a will?

A living trust takes effect during your lifetime and can help avoid probate. A will only takes effect after death. Many families use both.

Guardianship & Powers of Attorney

Can two people be appointed co-guardians?

Yes. Courts may appoint co-guardians to share responsibilities, especially in complex family situations.

What happens if my power of attorney is abused?

Agents who misuse their authority can be removed, sued, or even criminally charged. An attorney can help recover misused assets.

Does guardianship end automatically?

Yes, guardianship usually ends if the incapacitated person recovers, passes away, or if the court determines it’s no longer necessary.

Elder Law

When should I start Medicaid planning?

The earlier, the better. Starting at least five years before needing nursing home care avoids penalties under New York’s Medicaid look-back rules.

Can I pay family members to provide care and still qualify for Medicaid?

Yes, but only if it’s done through a properly drafted caregiver agreement that meets state requirements.

What’s the difference between Medicaid planning and Medicare?

Medicare is health insurance for seniors, while Medicaid helps cover long-term care costs, it has strict income and asset limits.