Akiva Shapiro Law Probate · Estate Litigation · Estate Planning Call (516) 806-0762

Home Legal Answers

Ask Akiva

Legal Answers Library

Plain-English answers to 102 real questions about New York law — written and reviewed by attorney Akiva Shapiro, many answered on video. Jump to a topic:

Estate Planning · Trusts & Asset Protection · Probate · Estate Litigation · Medicaid Planning · Guardianships · Lawsuits & Litigation · Appeals · Debt & Judgment Collection · Divorce & Family Law · Real Estate & Property · Offshore Asset Protection

Estate Planning (8 answers)

Are There Any Maintenance Costs to an Estate Plan in New York?→How Do I Find an Estate Planning Attorney in New York?→How Long Does It Take to Create an Estate Plan in New York?→What Are the Basic Items Entailed in an Estate Plan?→What Documents Are in an Estate Plan in New York?→What Exactly Is Estate Planning?→What Is the Definition of an Estate in New York?→Where Do I Start With Estate Planning in New York?→

Our Estate Planning services →

Trusts & Asset Protection (22 answers)

Are Assets That Are Held in a Trust Protected by Creditors?→Can a Person Have More Than One Trust?→Can I Establish an Offshore Trust or LLC if I Have Been Convicted of a Crime?→Can Someone Realistically Handle Trust Administration Without an Attorney?→Does a Trust Always Have Assets in It?→How Long Does Initial Trust Administration Take?→I Am a Beneficiary of a Trust and the Trustee Is Mismanaging the Money. What Are My Rights?→I Am a Beneficiary of a Trust and the Trustee Is Not Giving Me Any Money or Information. What Can Be Done?→I Am a Beneficiary of a Trust or a Will. Am I Entitled to See a Copy of the Trust or the Will?→I Am a Beneficiary of a Trust. What Are My Rights?→I Want to Break a Trust. How Do I Do It?→Is Nevis or the Cook Islands a Good Place to Establish an Offshore Trust or LLC?→The Trustee of My Trust Is Acting Improperly. Can I Have Them Removed?→What Are the Beneficiary's Rights in a Trust?→What Are the Benefits and Disadvantages of a Trust?→What Do I Do if I'm Afraid of Losing My Assets After Putting Them in a Trust?→What Happens to a Trust Upon the Death of Its Maker?→What Is a Trust?→What Is an Offshore Trust?→What Is the Best Place to Establish an Offshore Trust or an Offshore LLC?→What Sets You Apart in Handling Trust Matters When Someone Has Passed On?→Why Is a Trust a Proper Basic Mechanism for Estate Planning vs. Other Mechanisms?→

Our Trusts & Asset Protection services →

Probate (4 answers)

How Can A Trust Avoid Probate?→What Actually Is Probate?→What Happens If I Die Without A Will In New York?→What Is Involved In Trust Administration, And How Does It Compare To Probate?→

Our Probate services →

Estate Litigation (15 answers)

As A Trust Administrator, Can I Sell Property That's In A Trust?→Can An Executor Or An Administrator Of An Estate Be Removed?→Can The Executor Of An Estate Do Anything With The Money, Or Do They Have To Account For The Money In The Estate?→How Long Does A Probate Litigation Matter Actually Take?→I Can't Find The Original Will. I Only Have A Copy. What Should I Do?→I Have Been Summoned Through The Surrogate's Court. Do I Have To Go, And Do I Need A Lawyer?→I Only Have A Copy Of My Parent's Will. Can I Submit That To The Court?→My Brother Or Sister Convinced My Mother Or Father To Cut Me Out Of The Will. What Rights Do I Have?→My Father Or Mother Left A Will That Cut Me Out. What Can I Do?→My Mother's/Father's Life Insurance Policy Lapsed Before He/She Passed Away. Can I Still Collect?→My Nephew Took Money From My Spouse Before She Passed Away. Can I Do Anything About It?→What Are The Alternatives To Estate Or Probate Litigation?→What Is The Difference Between The Executor Of An Estate And An Administrator?→What Qualities Should I Look For In An Estate Litigation Attorney?→When Is An Executor Or An Administrator Of An Estate In Breach Of Fiduciary Duty?→

Our Estate Litigation services →

Medicaid Planning (12 answers)

Can I Apply For Medicaid Without An Attorney?→Do I Need A Supplemental Needs Trust To Avoid Losing My SSDI, SSI, Medicaid Or Food Stamps Benefits?→I Gave Away My House To My Children Within The Past Five Years. Can I Still Qualify For Medicaid?→I Have A House And An Investment Account. Can I Qualify For Medicaid?→I Have Too Much Income To Qualify For Medicaid. Will A Pooled Income Trust Do Anything For Me?→My Parents Entered A Nursing Home And I Want To Save The House. Is Guardianship Necessary?→The Health Of My Parents Is Declining And They Want To Protect Their Assets Against Medicaid→What Can I Do To Protect The Money And Keep My Government Benefits?→What Is Medicaid? Who Is It Used For?→What Is The Difference Between A Third-Party And A First-Party Supplemental Needs Trust?→What Is The Five-Year Look-Back Period?→What Is The Process To Apply For Medicaid?→

Our Medicaid Planning services →

Guardianships (9 answers)

Can My Mother Or Father Sign A Power Of Attorney, Or Do I Need A Guardian?→How Do I Begin The Process To Be Appointed As A Guardian?→How Long Does It Take A Court To Grant A Guardianship?→I Would Like My Child Appointed As My Guardian. What Do I Need To Do?→My Brother And Sister Are Not Taking Care Of My Mother Or My Father. Do I Need A Guardianship?→What Is A Court-Appointed Guardian?→What Is A Guardian?→What Kind Of Powers Are Given To A Guardian?→Will The Guardian Be Required To Cover All Of The Person's Expenses?→

Our Guardianships services →

Lawsuits & Litigation (15 answers)

Can a Person Handle a Case Pro Se?→How Are New York Courts Organized?→How Long Does a Civil Lawsuit Take in New York?→How Long Does a Lawsuit Take?→How Much Will a Lawsuit Cost Me?→I'm in a Lawsuit. Should I Take a Settlement Offer?→I've Been Sued. Do I Need an Attorney?→My Company Has Been Sued. Can I Represent My Company Pro Se?→What Are the General Steps Someone Should Take in a Lawsuit?→What Do I Need to Look For in a Lawyer?→What Happens in a Lawsuit?→What Is a Civil Lawsuit? When Do You Contact an Attorney?→What Is a Court-Appointed Attorney?→What Is a Court-Appointed Evaluator?→What Is Federal Court?→

Our Lawsuits & Litigation services →

Appeals (3 answers)

How Long Does It Take for an Appeal to Be Decided?→I Lost a Lawsuit in Court. Can I Appeal the Judgment, and Should I?→What Does It Mean to Perfect an Appeal?→

Our Appeals services →

Debt & Judgment Collection (2 answers)

I Have a Bunch of Judgments That Seem Uncollectible. What Can I Do About It?→I Have a Judgment Against Someone. How Can I Collect on the Judgment?→

Our Debt & Judgment Collection services →

Divorce & Family Law (5 answers)

Do I Need an Attorney to Get a Divorce?→I Am Getting Divorced and My Spouse Is Hiding Assets. How Do I Discover the Hidden Assets?→My Engagement Broke Off. Am I Entitled to Get My Engagement Ring Back?→My Spouse Filed for Divorce. Am I Entitled to Spousal Maintenance and Attorney's Fees?→What Is a No-Fault Divorce?→

Our Divorce & Family Law services →

Real Estate & Property (6 answers)

A Contractor Filed a Mechanic's Lien on My Property and Is Threatening to Foreclose. What Can I Do?→I Did Work on a Person's House and He Didn't Pay Me. Can I File a Mechanic's Lien?→I Wish to Enter Into a Commercial Lease. Do I Have Any Power to Negotiate?→My Condo/Co-op Board Is Acting Improperly. Can I Do Anything About It?→My Fence Is on My Neighbor's Property. Can They Force Me to Move It?→The Buyer of My House Backed Out. Am I Allowed to Keep the Down Payment?→

Our Real Estate & Property services →

Offshore Asset Protection (1 answers)

What Is a Family Limited Liability Company?→

Our Offshore Asset Protection services →

Can't Find Your Question?

Ask it directly. Call and get an answer specific to your situation.

Call (516) 806-0762 Request a Consultation

Call Now No-Obligation Call