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Benjamin Z. Katz

Benjamin Z. Katz

Providing High Quality, Personalized Legal Services to You and Your Family.
  • Estate Planning, Elder Law, Probate...
  • New York
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Legal Knowledge
5.0/5.0
Legal Analysis
5.0/5.0
Communication Skills
5.0/5.0
Ethics and Professionalism
5.0/5.0
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.
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Summary

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

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.
Q. I let a friend hold my dog I want her back but he refuses to give her back to me he got a microchip without my consent
A: If he is refusing to give you back the dog you can bring a civil action to get it back or to recover the out of pocket expenses you incurred. However, it is best to retain an attorney and expect it to cost a minimum of few thousand dollars in legal fees and court costs. I am handling a matter now with similar facts to yours.
Q. Will my break lease history affect my current lease and credit?
A: Your history of breaking leases is not generally tracked by credit bureaus or any other repository of information. However, if those incidents resulted in a judgment or collections activity your credit may be affected.
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Contact & Map
387 Park Avenue South
5th Floor
New York, NY 10016
USA
Telephone: (646) 952-9010