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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
Claimed Lawyer ProfileQ&ASocial 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
35 Questions Answered

Q. Is an administrator’s deed needed?
A: Yes. An Administrator’s Deed is the correct instrument for the transfer. Transfer taxes may not be required If there is no consideration for the transfer. However, if the property has a mortgage, relief of the mortgage obligation is consideration.
Q. My 85 year old Grandmother is in a nursing home do to mental illness. She is now refusing any and all care. Need advice
A: If you believe she is incapable of making decisions for herself you can use the health care proxy. If the medical facility refuses to recognize it or believe she is still competent to make these decisions you will need to have the courts intervene. Generally, it is done by seeking Guardianship of the person. However, you should speak with an attorney to discuss all options. I am on the Guardianship panel.
Q. If I find a dog on the street that doesn’t have owner atm because there’s no posters and a friend went around and asked
A: It doesn’t sound like anything you did would be considered illegal, reckless or negligent. However, many pets are microchipped and it is best to get in touch with a local pet association to have the best chances of reuniting pets with their owners.
Q. The father of my son and ex-husband, bought a house i Garland, Texas, and he was paying a mortgage. He was living with h
A: Both your son and your ex’s widow have rights to the property. You need to speak with a Texas attorney since that is where you ex lived and the property is located.
Q. What form do I need for legally-binding after-death instructions?
A: Generally those instructions are made part of your Will. If you don’t want to draft a new Will you can add a codicil to the Will. If you leave separate instructions or set up a burial fund it would not be legally binding unless referenced in you Will. Neither a new Will nor a codicil should cost you thousands.
Q. NYnassau cty married 26yrs. my name on house deed no kids if something happens to me house goes to husband? no will yet
A: Yes.
Q. I am the eldest daughter of a man who just died; he has a common law "spouse" and another daughter. What are my rights?
A: If he left a Will that would control. If not, Texas law will dictate who is a beneficiary of the estate. If they divorced she might not be considered a common law wife. You should consult a Texas estate attorney to determine what your next steps should be.
Q. If disabled brother doesn't get $86k inheritance until age 65, is there a way to protect the money from Medicaid?
A: It is better to be on Medicare to minimize expenses. Once he receives his inheritance, he may not qualify for Medicaid coverage, if he current qualifies, without spending down first. However, there are planning techniques to protect a portion of the money if he needs to spend down.
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.
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Contact & Map
387 Park Avenue South
5th Floor
New York, NY 10016
Telephone: (646) 952-9010