Free Consultation: (646) 952-9010Tap to Call This Lawyer
Benjamin Z. Katz

Benjamin Z. Katz

Providing High Quality, Personalized Legal Services to You and Your Family.
  • Estate Planning, Elder Law, Probate...
  • New York
Rate This Lawyer
Lawyer Rating and Reviews
Legal Knowledge
Legal Analysis
Communication Skills
Ethics and Professionalism
Rating: 10 Justia Lawyer Rating - 10 out of 10
As described above, every professional interaction I've had with Ben was to my complete satisfaction.
Claimed Lawyer ProfileQ&ALII GoldSocial MediaResponsive Law

Knowledgeable, Experienced and Caring representation for your Estate Planning, Estate Administration, Elder Law and Real Estate needs. Please visit my website or give me a call to set up a Free Consultation.

I received my Bachelor of Arts Degree in History from SUNY at Stony Brook in 1991. I attained my JD degree from Hofstra University School of Law in 1994. After gaining several years of experience in Criminal Defense, Personal Injury, Insurance Defense, Commercial Litigation and Mortgage Banking I began my own general law practice in 2001. Presently, areas of practice include Estate Planning, Probate & Administration, Residential Real Estate, Elder Law and Guardianship.

I serve as a Consultant to several mortgage companies, having instructed real estate and mortgage licensees for many years and co-authored and edited several mortgage textbooks including Mortgage Lending Principles and Practices (6th, 7th and 8th edition).

I am a NYS Certified Real Estate Instructor. I am a member of the American Bar Association, the New York State Bar Association and the New York City Bar Association. I serve as a Volunteer Attorney for Free Legal Answers through the ABA as well as serving as a member of the Estate Planning Committee of the Senior Lawyers Division and have recently been appointed to the New York City Bar Association's Consumer Affair Committee.

Practice Areas
  • Estate Planning
  • Elder Law
  • Probate
  • Real Estate Law
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
New York
  • English: Spoken, Written
Professional Experience
Benjamin Katz, Esq.
- Current
Jaguar Land Rover
Law Offices of Benjamin Z. Katz, Esq.
Hofstra University
J.D. (1994)
State University of New York - Stony Brook
B.A. (1991) | History
Professional Associations
New York City Bar Association
- Current
New York State Bar # 2657674
- Current
American Bar Association
- Current
New York State Bar Association
- Current
Articles & Publications
Mortgage Lending Principles and Practices, 8th Ed.
Hondros Learning
Certified Real Estate Instructor
New York State Department of State
Websites & Blogs
Legal Answers
27 Questions Answered

Q. Hi , My grandmother passed away and left me stocks in her Will. The lawyer told us the money from the stocks that were
A: Does not sound right.
Q. Do I legally own my cat after adopting him from a rescue organization?
A: He is your cat. As far as letting him outdoors, that may be because of medical or emotional conditions that he may have. You can certainly ask them why they have that provision. As far as the vetting provision, it is pretty common with rescue agencies. They don't forget about animals that they have saved and remain as a resource to you. They want to make sure that if you can't or don't want to keep him, he is going to a good home or that he can be returned. Don't be offended. These organizations serve a vital function and only have your new pet's best interests in mind. The rules that they establish is because there are so many times that people change their mind and are too embarassed to take the pet back, resulting in giving them to the wrong person.
Q. Ex is the legal owner of our dog. I paid for her and I take care of her, financially and physically. Can I get custody
A: Although property rights generally apply to pets, more and more courts are looking past those rights to do what is best under a totality of the circumstances. So, the answer is that it is possible but will depend upon the specific facts.
Q. Is it protocol for all the siblings to have to turn in their notarized letter before you can receive your check?
A: Yes. A receipt and release acknowledges that you are agreeing to receive certain proceeds from the estate and releasing the estate from further liability. If you do not believe that the proceeds are correct then you should dispute it now. Once you sign and accept the proceeds you will not be able to make further claims against the estate except in limited circumstances.
Q. Can I have a cat/ with new born kittens removed from a home legally to avoid it dying from severe neglect?
A: To report animal neglect you can call the Attorney General helpline at 1-866-697-3444. If you don’t get results from that office I suggest calling your local humane society to get guidance for your area.
Q. Is a POA and Health Care Proxy enough to make decisions for someone who has been diagnosed with Alzheimer's?
A: The short answer is yes. A durable POA gives you power over her finances and the Health Care Proxy over her medical decisions. However, if her condition is not apparent to a vendor or health care provider and she is expressing resistance to your decisions, you may have problems. You may have to petition for Guardianship of her personal needs. The POA already gives you control of her property.
Q. my late husband and his father set up the irrevocable trust whereas my husband acted as a trustee.
A: The trust generally spells out what happens when the maker passes away. I assume you father in law was the maker and your husband was the trustee. If no successor trustee is named in the trust, a petition will need to be brought in Court to appoint a trustee. If your kids are not beneficiaries of the trust, they are not entitled to anything just because you late husband was the trustee.
Q. How long does it take to get a letter of administration from the time you submit?
A: If there are no issues that might delay the issuance, it is usually about a month from the time of petition to issuance of Letters of Administration.
Q. How to determine value of probate property that will be inherited instead of sold? The will stipulates 50/50 division.
A: The fastest and easiest way is to have an appraisal done of the apt building and parcel.
Click here to see all answers
Social Media
Contact & Map
387 Park Avenue South
5th Floor
New York, NY 10016
Telephone: (646) 952-9010