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Date: September 24, 2009
Host: Sharon M, Siegel View Transcript | Archive Index For All Legal Chats Whether you're trying to figure out if you need a "power of attorney," or have suddenly found yourself the executor of your uncle's estate, it's hard to keep up with the legal jargon of managing your assets and processing a will. Bring your questions to a live chat with estate planning and probate lawyer Sharon M. Siegel, starting at 10 p.m. Eastern (9 Central, 7 Pacific) on September 24th. SHARON SIEGEL, a New York lawyer, practices in the fields of estate planning and administration,
contested estate and trust proceedings, elder law and guardianships. She also has significant experience in real estate and corporate law. Sharon graduated from Benjamin N. Cardozo School of Law of Yeshiva University. Sharon says of having handling large and small estates and having planned for and worked with individuals of substantial and modest means, "Representing such a wide spectrum of individuals has trained me to look at situations from almost every angle - legally, tax wise, and practically." Sharon says that because her practice area touches on the most emotional and private facets of someone's life, she considers developing a relationship with her clients central to her practice. Sharon is admitted to practice in New York State.
http://www.lawyers.com/siegelandsiegel Live Chat Transcript jha: "My wife passed away in the Philippines 2 1/2 yr ago. I was told last wk that she had a will written over there to have 1/2 of the house ownership transferred to my only daughter and my wife's brothers. How do we know if the will conforms with the NY (Queens county) law? I worked hard for the house and unwilling to have 1/2 of it taken away by her brothers. What should I do? Both of our names are on the house title."
lwnj: "My brother-in law died a week ago. The mortgage on the house that my sister and her two adult children live in was in her husband's name only. There is a lean on the mortgage and considerable debt including back taxes.Short term should she continue to make any mortgage payments with the possibility of a foreclosure or short sale in the future? The second part of my question is due to a lack of funds my sister needs to find a free or low cost estate attorney in the Newburg area (orange county) NY. Any help would be greatly appreciated."
lwnj: "My brother-in law died a week ago. The mortgage on the house that my sister and her two adult children live in was in her husband's name only. There is a lean on the mortgage and considerable debt including back taxes.Short term should she continue to make any mortgage payments with the possibility of a foreclosure or short sale in the future? The second part of my question is due to a lack of funds my sister needs to find a free or low cost estate attorney in the Newburg area (orange county) NY. Any help would be greatly appreciated."
Sharon M. Siegel: "hi"
jha: "My wife passed away in the Philipppine 2 1/2 yrs ago. I was told she had a will and testament written over there to have 1/2 of the house share transferred to my daughter and her brothers. How do we know if the will conforms with the NY (Queens county)law? both of our name are on the hse title. what should I do to protect my interest?"
Sharon M. Siegel: "If she passed away as a resident of the Philippines, then the will must be probated there. the phillipine court will issue a directive to the new york court to protect title here."
Sharon M. Siegel: "lwnj: "My brother-in law died a week ago. The mortgage on the house that my sister and her two adult children live in was in her husband's name only. There is a lean on the mortgage and considerable debt including back taxes.Short term should she continue to make any mortgage payments with the possibility of a foreclosure or short sale in the future? The second part of my question is due to a lack of funds my sister needs to find a free or low cost estate attorney in the Newburg area (orange county) NY. Any help would be greatly appreciated.""
Sharon M. Siegel: "lwnj, you can search this site for attorneys in Orange County, and get a price quote. No one will do this kind of matter for free."
jha: "she was US citizen. The deed was under husband and wife. would it subject to chalange of the will"
Sharon M. Siegel: "jha, if she was a US resident, the US court will enforce the foreign will, if it was made legally in a foreign country. The court may question its jurisdiction. Did she have a US residence at death?"
jha: "yes"
Sharon M. Siegel: "Then you can try to probate the will there. You are going to have problems with a Phillipine death certificate and Phillipine will proving a local residence. Try it and see what happens. You are going to need the original will and death certificate to proceed."
jha: "Thanks"
lwnj: "Another question regarding my sister. She would like to know if she should pay her mortgage payment, in light of everything wont she be throwing that money away if the house goes in to foreclosure?"
Sharon M. Siegel: "If you own the house as husband and wife, the whole house may pass to you as tenants by entireties. Have a lawyer review the deed. You personally may be better off without the will."
Sharon M. Siegel: "lwnj, if the house is under water, i.e. no equity, it may be worth just vacating the house and letting it get foreclosed. If there is equity to preserve, your sister in law would have to make payments to keep the mortgage current, while she tries to refinance in her own name"
jha: "another question, If the deed was under the name of the husband and wife. does not it means if one pass away the other will autmatically become the sole owner of the house?"
Sharon M. Siegel: "If she seeks to form an estate, and there was no will, she and the kids would split the house in the estate. However, the mortgage would still be on, so it has to be dealt with."
jha: "thanks"
Sharon M. Siegel: "jha, that is what I am saying. You need to show the deed to a local NY lawyer. You may just inherit the house by operation of law."
jha: "can I see you?"
Sharon M. Siegel: "Yes. Call me at 212-721-5300 tomorrow."
lwnj: "I dont think there is any equity and other debts. She may have to declare bankrupcy. So she shouldn't pay the mortgage It wont delay the inevitable for very long?"
jha: "ok"
Sharon M. Siegel: "lwnj, foreclosures in NY take many months. As your sister is not liable on the mortgage, her bankruptcy will not help or hinder this problem. It is unrelated. It is not a decision to be considered lightly. She needs to plan for a place to live. She should talk to local brokers, and get an idea of what the property is worth and what is owed. Only then can she evaluate her options."
jha: "by the way, what is "inherit the house by the operation of the law"?"
Sharon M. Siegel: "jha, I mean by the language in the deed you need only record the death certificate to gain title."
jha: "Ok, I will call you tomorrow. What is the buz hour?"
Sharon M. Siegel: "9"
jha: "ok."
lwnj: "Do attorneys give you a price quote on-line or by phone?"
Sharon M. Siegel: "Yes."
lwnj: "What will happen if she does nothing? The mortgage company will eventually contact her?"
Sharon M. Siegel: "However, you need a strategy. Do not call until you know what the house is worth, and what is owed, and whether your sister can pay what is owed. That will determine what kind of lawyer you need. if she does nothing, the mortgage will go into default. Late charges and collection costs will accrue. She will be sued for foreclosure. She should contact the bank and let them know of the death. They may say they will not talk to her unless she has letters from the Surrogate's Court. That would then bring you back to the fundamental question -- can she afford to stay in this house."
Sharon M. Siegel: "If she wants to keep the house, she should pay the mortgage and make every regular monthly payment to avoid default."
lwnj: "She most likely cant. So she needs an attorney to get the process moving, appointing a surrogate etc. But she has no money for an attorney. There is nothing available in NY in this case?"
Sharon M. Siegel: "Legal aid is not for people who own homes. If she cannot afford the house, she can let it go into foreclosure, knowing in six months to a year, she will have to move. She can move before then. There is no need for an estate in that instance"
lwnj: "She recieved a letter from the IRS saying he owed money that she had no idea they owed. More debt may surface that she will be responsible for. That's why I spoke about bankrupcy."
Sharon M. Siegel: "She is not responsible for his debt."
Sharon M. Siegel: "If the debt was joint debt, she would be responsible."
lwnj: "If they filed their taxes jointly she would be isnt that true?"
Sharon M. Siegel: "If he owed the IRS, but not her, the letter can be ignored, or better yet, she should write back indicating that he is dead."
Sharon M. Siegel: "If they filed joint taxes and the debt relates to underpayment of that income tax, whether she owes the money is actually a complicated question that may require IRS proceedings. Bankruptcy would not discharge that debt by the way."
lwnj: "Ok I will tell her that. This seems to be getting worse by the minute. Thank you for your time."
Sharon M. Siegel: "Good luck. She should really consider spending a few bucks on a lawyer. This may save time, aggravation and money."
lwnj: "Can you suggest anyone from orange county to contact?"
Sharon M. Siegel: "Again, you may use this site and search for a local lawyer."
lwnj: "Ok thank you"
Sharon M. Siegel: "That brings us to the end of the chat. Thank you. See everyone back here next week."
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