AV Preeminent Peer Rated Attorneys
Albany Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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AV Preeminent Peer Rated Attorneys
Albany Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Albany Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).

Dreyer Boyajian LLP

4.7
15 Reviews

  • 75 Columbia Street, Albany, NY 12210-2708

  • Law Firm with 6 lawyers2 awards

  • Top-rated litigation law firm protecting the rights of victims of serious personal injury, product liability, medical malpractice and workplace hazards in Albany and upstate New... Read More

  • Estate Planning LawyersPersonal Injury, Auto Accidents, and 79 more

  • Free Consultation

Donald Boyajian
Partner
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Hacker Murphy LLP

4.8
52 Reviews

  • 41 State Street, Suite 604-05, Albany, NY 12207+3 locations

  • Law Firm with 16 lawyers2 awards

  • Top-Rated Albany, NY law firm established in 1898, focusing on litigation claims in upstate New York. We offer initial consultations at no charge.

  • Estate Planning LawyersCommercial Law, Corporate Law, and 349 more

  • Free Consultation

  • Offers Video

John F. Harwick
Estate Planning Lawyer
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Morgan Legal Group P.C.

4.9
183 Reviews

  • 90 State St., Ste. 700A, Albany, NY 12207+9 locations

  • Law Firm with 1 lawyer3 awards

  • Estate Planning Law Firm Serving Clients in Wills, Trusts, Probate, Estate Litigation, Power of Attorney, Elder Law & Guardianship in NYC, Manhattan, Brooklyn, Queens, Bronx,... Read More

  • Estate Planning LawyersAsset Protection, Trusts, and 16 more

  • Free Consultation

  • Offers Video

Russel Morgan Esq.
Estate Planning Lawyer
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Napierski, VanDenburgh, Napierski & O'Connor, LLP.

4.6
85 Reviews

  • 296 Washington Avenue Extension, Ste. 3, Albany, NY 12203-6314

  • Law Firm with 9 lawyers2 awards

  • Serving the State of New York. Free Initial Consultation, Call Today!

  • Estate Planning LawyersInsurance Defense, Personal Injury, and 63 more

  • Free Consultation

John W. VanDenburgh Esq.
Partner
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Mazzotta & Vagianelis, P.C.

4.7
15 Reviews

  • 9 Washington Square Washington Avenue Extension, Albany, NY 12205

  • Law Firm with 2 lawyers1 award

  • Mazzotta & Vagianelis, P.C. provides professional representation and specialized expertise for a complete range of matters. Our firm was founded in 1981 by attorneys who had been... Read More

  • Estate Planning LawyersTrusts, Corporate Law, and 188 more

Thomas Mazzotta
Estate Planning Lawyer
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Whiteman Osterman & Hanna LLP

4.6
150 Reviews

  • 99 Washington Avenue, Suite 1900, Albany, NY 12260+2 locations

  • Law Firm with 118 lawyers2 awards

  • Whiteman Osterman & Hanna maintains a diverse practice, primarily devoted to legal matters relating to the intersection of the public and private sectors. Much of what the Firm... Read More

  • Estate Planning LawyersBase Closure and Redevelopment, Business, Corporate and Commercial, and 26 more

Terresa Bakner
Executive Committee
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Whiteman Osterman & Hanna LLP

4.6
150 Reviews

  • 20 Corporate Woods Boulevard, Suite 500, Albany, NY 12211+2 locations

  • Law Firm with 118 lawyers2 awards

  • Whiteman Osterman & Hanna maintains a diverse practice, primarily devoted to legal matters relating to the intersection of the public and private sectors. Much of what the Firm... Read More

  • Estate Planning LawyersBase Closure and Redevelopment, Business, Corporate and Commercial, and 26 more

David R. Everett
Partner
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McCabe, Collins, McGeough, Fowler, Levine & Nogan LLP

4.7
16 Reviews

  • Serving Albany, NY

  • Law Firm with 26 lawyers2 awards

  • McCabe, Collins, McGeough, Fowler, Levine & Nogan LLP is an "AV" rated full service New York Law Firm representing individuals, businesses, corporations, municipalities, public... Read More

  • Estate Planning LawyersGeneral Civil Trial Practice, Automobile Accidents And Injuries, and 17 more

Allison Henig
Estate Planning Lawyer
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Cohen Kinne Valicenti & Cook LLP

4.8
48 Reviews

  • Serving Albany, NY

  • Law Firm with 11 lawyers2 awards

  • Experience. Expertise. Dedication. Service.

  • Estate Planning LawyersBusiness and Corporate Law, Employment Law, and 19 more

C. Jeffrey Cook
Estate Planning Lawyer
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O'Connell and Aronowitz, P.C.

4.6
53 Reviews

  • Serving Albany, NY and Albany County, New York

  • Law Firm with 33 lawyers2 awards

  • Providing high-quality legal advice to our clients since 1925. O’Connell and Aronowitz has been a trusted leader in the legal profession and in our community for 100 years.

  • Estate Planning LawyersCivil Litigation, Criminal Law, and 18 more

Karen Valle
Estate Planning Lawyer
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Hacker Murphy LLP

4.8
53 Reviews

  • Serving Albany, NY and Albany County, New York

  • Law Firm with 16 lawyers2 awards

  • Top-Rated Albany, NY law firm established in 1898, focusing on litigation claims in upstate New York. We offer initial consultations at no charge.

  • Estate Planning LawyersCommercial Law, Corporate Law, and 349 more

  • Free Consultation

  • Offers Video

Randy Lionel Treece
Estate Planning Lawyer
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Pierro, Connor & Strauss, LLC

4.8
11 Reviews

  • Serving Albany, NY and Albany County, New York

  • Law Firm with 13 lawyers2 awards

  • Pierro, Connor & Strauss, LLC offers individualized Estate Planning, Trust and Estate Administration and Elder Law services to private clients, their families and family owned... Read More

  • Estate Planning LawyersTrusts, Estates Administration, and 5 more

Arkley Mastro Jr.
Estate Planning Lawyer
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Dalmata, Maloy & Burke, LLP

4.7
14 Reviews

  • Serving Albany, NY and Albany County, New York

  • Law Firm with 3 lawyers2 awards

  • A law firm practicing estate planning law.

  • Estate Planning LawyersCivil Litigation, Criminal Law, and 13 more

Daniel Maloy
Attorney
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Tobin and Dempf, LLP

4.7
4 Reviews

  • 515 Broadway, Albany, NY 12207

  • Law Firm with 6 lawyers2 awards

  • A law firm practicing estate planning law.

  • Estate Planning LawyersGeneral, Appellate Practice, and 17 more

R. Christopher Dempf
Estate Planning Lawyer
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The Law Office of Stephen G. Levy, PLLC

  • 21 Everett Rd. Ext., Albany, NY 12205-3357

Milstein & Milstein

  • 293 Washington Avenue, Albany, NY 12206

Lawyers At This Firm

D'Agostino, Hoblock, Flannery & Jeram, P.C.

  • 187 Wolf Rd., Ste. 304, Albany, NY 12205

Louis-Jack Pozner, P.C.

  • 258 Lenox Ave., Albany, NY 12208

Girvin Ferlazzo, PC

  • 20 Corporate Woods Blvd., Albany, NY 12211-2396

Lawyers At This Firm

Rimon, P.C.

  • 255 Patroon Creek Blvd., Ste. 4467, Albany, NY 12206

Lawyers At This Firm

Lombardi Walsh Wakeman Harrison Amodeo & Davenport, P.C.

  • III Winners Circle, Albany, NY 12205

Lawyers At This Firm

Seraj Law, PLLC

  • 423 New Karner Rd., Ste. 6, Albany, NY 12205

Maynard, O'Connor, Smith & Catalinotto, LLP

  • 6 Tower Place, Albany, NY 12203-3725

Lawyers At This Firm

Richard V. D'Alessandro Professional Corporation

  • 69 Columbia Street, Albany, NY 12210

Kendra L. McCartney

  • 1 Wall St., Albany, NY 12205

The Law Firm of Young Fenton Kelsey & Brown P.C.

  • 1881 Western Ave., Albany, NY 12203

Lawyers At This Firm

John H. Dennis

  • 270 Mt. Hope Dr., Albany, NY 12202

Bailey, Johnson, DeLeonardis & Peck P.C.

  • Washington Avenue Extension, Albany, NY 12205

Lawyers At This Firm

Polly N. Rutnik

  • 2 Noonan Ln., Albany, NY 12209

Murray S. Carr

  • 1683 Western Ave., Albany, NY 12203-4305

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Additional Resources

Looking for Estate Planning Lawyers in Albany?

Estate planning attorneys help individuals prepare for the management and distribution of their assets after death or incapacitation. They create legal documents such as wills, trusts, powers of attorney, and healthcare directives. Their work ensures a client’s wishes are honored, minimizes potential taxes, and simplifies the process for their loved ones.

About our Estate Planning Lawyers Ratings

The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

CLIENT RECOMMENDED
71 %

328 Client Reviews

PEER REVIEWS
4.5

3455 Peer Reviews

User Resources

Lawyer Resources

Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Do I have to sign anything at all?

default-avatar
Answered by attorney Charles Richard Perry (Unclaimed Profile)
Estate Planning lawyer at Charles R. Perry
Nothing can make you sign any document with respect to the the house. Depending on the terms of your mother's will, however, you may end up owning that house with your brother in some fashion. If your mother had no will, then the house likely passes to you and your brother, with the same result. You thus may need to resolve this with your brother in some fashion. The only this may not happen is if your mother's will says that either you or your brother do not receive an interest in the house in question.
Nothing can make you sign any document with respect to the the house. Depending on the terms of your mother's will, however, you may end up owning that house with your brother in some fashion. If your mother had no will, then the house likely passes to you and your brother, with the same result. You thus may need to resolve this with your brother in some fashion. The only this may not happen is if your mother's will says that either you or your brother do not receive an interest in the house in question.
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What do we do as their children to claim some type of ownership to this property?

default-avatar
Answered by attorney Richard Eldon Blasco (Unclaimed Profile)
Estate Planning lawyer at Richard E. Blasco, Inc.
If your father who passed away 25 years ago is still owns an interest in the home, then it appears that your grandmother's estate was never probated, or if probated the title to the home was transferred by the court to your father and your uncle. It sounds like title to the home that was in her name was to be pass to her sons (presumably 2, your dad and your uncle.) Whether this was done and completed needs to be investigated. You need to obtain a preliminary title report to verify who is on title and all other liens on the property. If you father is on title, and there is equity in the property, then you need to, through court proceedings, clear title to the property. Before you spend the money clearing title however, you need to look into the economics of who is in possession of the properety, who is using the property, who is paying the real estate taxes, who is paying to clear the title, etc. Presumably title to the property is most likely to be, or is, held by your father and your uncle as tenants in common. If you uncle has resided on the property and pays the real estate taxes and expenses, he cannot obtain title by adverse possession from another covenant. However, there are credit and debit adjustments that need to be made to reflect use of the home and the payment of the home expenses referred to above. Before you start to spend any large sum of money to clear title, you need to have fully investigated the current title and performed the economic analysis discussed above.
If your father who passed away 25 years ago is still owns an interest in the home, then it appears that your grandmother's estate was never probated, or if probated the title to the home was transferred by the court to your father and your uncle. It sounds like title to the home that was in her name was to be pass to her sons (presumably 2, your dad and your uncle.) Whether this was done and completed needs to be investigated. You need to obtain a preliminary title report to verify who is on title and all other liens on the property. If you father is on title, and there is equity in the property, then you need to, through court proceedings, clear title to the property. Before you spend the money clearing title however, you need to look into the economics of who is in possession of the properety, who is using the property, who is paying the real estate taxes, who is paying to clear the title, etc. Presumably title to the property is most likely to be, or is, held by your father and your uncle as tenants in common. If you uncle has resided on the property and pays the real estate taxes and expenses, he cannot obtain title by adverse possession from another covenant. However, there are credit and debit adjustments that need to be made to reflect use of the home and the payment of the home expenses referred to above. Before you start to spend any large sum of money to clear title, you need to have fully investigated the current title and performed the economic analysis discussed above.
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Can I just go in and remove my father's belongings

Terry Lynn Garrett
Answered by attorney Terry Lynn Garrett
Estate Planning lawyer at The Garrett Law Firm, PLLC
You do not write whether the Will has been submitted for probate and you have been appointed executor.  The court-appointed executor has authority over the deceased's belongings. 
You do not write whether the Will has been submitted for probate and you have been appointed executor.  The court-appointed executor has authority over the deceased's belongings. 
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