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Steven M Zelinger
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Steven Zelinger’s Answers

5,912 total


  • Seeking an attorney with expertise in adult guardianship for a disabled adult, near the Upper Marlboro, MD 20772 area.

    I have an adult daughter with cerebral parsley. Title 13 Trust

    Steven’s Answer

    Use the find a lawyer tab above - lawyers here cannot solicit you, you have to contact them.

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  • What WA case law directly stands for the proposition that a deed cannot be granted to a trust?

    is there a well established WA law that a deed must be granted to a trustee/grantee.He or she is an individual ,who can take title for trust.A deed can not transfer to a named trust if so it had no legal effect no one to administer it.Any case la...

    Steven’s Answer

    Can you try to explain your situation more? This question is very unclear and I don't think anyone is going to be able to give you an answer without more info.

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  • If my husband and I put our paid for home in a living trust can we legally file for government assistance and not show ownership

    both of us disabled and trying to live on one small income / our Obama care insurance keeps going up so we tried filling for food stamps , heat assistance , and help with our medical but they turned us down because we own our home

    Steven’s Answer

    The short answer is no if it is a revocable trust. A revocable living trust by its nature is not an asset protection vehicle so even though you may form a revocable trust and put a house in it, it is still your house because you can change what you want to do with it. If you put the house in a irrevocable trust that is different but if you continue to live there you would actually probably have to pay rent to the trust for it to be considered an irrevocable transfer (the gov't can view it as a "Sham" transaction). In short, you need more detailed legal assistance to address your issues and you are not going to be able to get a helpful answer until you sit down with an attorney.

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  • Can a trustee sell a house without one of the grantors permission in a revocable trust?

    THE TRUSTEE was asked if the grantor would lose control of the estate before all papers were signed and the TRUSTEE said they would not lose control of the estate and now the TRUSTEE is saying that they are selling the house. There are to grantor ...

    Steven’s Answer

    If the trust is still revocable and the grantors are still competent, they can remove the trustee which would stop the issue entirely. IN most revocable trusts the grantors are going to retain a life estate to continue to occupy their personal residence...Sounds like they need a lawyer ASAP.

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  • What would probate judge do?

    If someone puts in a holographic codicil that the money to a beneficiary be returned after their death, could that be enforced by the probate court, or would the court simply ignore that statement? Oklahoma.

    Steven’s Answer

    The question is a bit unclear. Note that I am not licensed in OK so you should get the opinion of an attorney licnesed there. However a brief internet search reveals that OK is one of the states that recognizes holographic wills therefore assuming the codicil meets the requirements it may be admitted to probate...

    However I am not clear if you are asking about money that was gifted to a beneficiary during the testator (will maker's) life, given in the will to the beneficiary or a loan to the beneficiary. If there are contradictory terms in the will/codicil (assuming valid and admitted to probate) I would guess the later provision cancelling the gift could have effect. If the codicil is saying that the decedent wants money back that was already gifted I don't see how that is possible (for something to truly be a complete gift there are no string attached so this would not make sense or would run contrary to what a "gift" is). If the decedent is claiming they are owed money and the estate is a creditor, that is certainly possible, but one would need evidence of the loan / debt owed to the decedent's estate (but that contradicts you calling them a "beneficiary"). Then again if documented properly the beneficiary's share might be reduced by a loan amount due to the estate, etc.

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  • Is my sister and I still entitled to our Dads life insurance policy?

    In my parents divorce papers it states that my Dad must maintain a $ 25000 life insurance policy payable to his minor daughters upon his death. My dad passed away in 2014. My question is are we still entitled to it since we are adults now???...

    Steven’s Answer

    I have dealt with cases like this in the past....you have to read the decree closely. If the insurance policy is still in force and you are named as a beneficiary you should be able to claim the funds fairly easily (it would be much easier if you know the insurance co/policy number). If he failed to maintain the insurance, then more than likely your only claim would be against his estate in an action to enforce that decree. Depending on what his estate consists of you may or may not be able to enforce that provision and/or actually collect.

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  • I am a beneficiary listed on a will, however, I believe that the executor is trying to keep everything for themselves.

    I think the Executor of a will is trying to keep everything themselves. What can be done about this? What law is being broken?

    Steven’s Answer

    If you are serious about your concerns, go see an estate lawyer with experience in litigation of estates. He/she can assist you in filing a petition (court action) to have the executor produce an accounting. Failing to follow the will and keeping money for themselves (self-dealing) are a breach of the executor's fiduciary duties. You may also be able to get at least a limited amount of information about the estate from the probate office where the estate was opened (Called the Surrogate in NY).

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  • My dad had a living trust and left everything to his grandkids and didn't leave his children anything at all,

    Can a living Trust be contested in NC and will any lawyer work on a contingency basis?

    Steven’s Answer

    To answer your questions directly: A trust can be contested; and you might be able to find a lawyer to take a case on contingency. The real issues however are much less clear: What is the basis for contesting the trust? A will/trust contest is typically based on theories such as coercion (person was forced to sign document) which is also called undue influence, as well as lack of capacity (the person did not understand what they were signing - such as someone suffering from dementia).

    These causes of action are exceedingly hard to prove because of the evidence that is needed to show that the person was coerced or not of sound mind. Additionally your case would have to appear very strong from the outset for a lawyer to take it on contingency so I would not hold your breath on that unless you have medical evidence of something like dementia or video of a caregiver holding the older person's pen over the will/trust (these are just examples).

    Additionally: You have to realize that a parent is under no obligation whatsoever to provide for children in their testamentary documents so there is no inherent right to his property just because you are a child.

    If after all these explanations you still feel strongly about it I would go sit down with a lawyer that has experience in probate/estate litigation.

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  • What kind of lawyer would I need.

    Mother Died in January in NEW YORK Nassau county . Left not will or beneficiary on some of her paperwork. I am her only child and she was not married. Need to know how to proceed in collecting her benefits.

    Steven’s Answer

    Assuming she was a New York resident I would contact a New York probate attorney (you might also search estate administration).

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  • If my daughter had power of attorney to manage my affairs when I was in a nursing care, how can I take it back & do it myself?

    I am NO longer in a care facility and back home. I have no access now to my own financial business. My daughter has mismanaged my money and i want to do my own finance affairs. I am afraid if she continues to have access to- checking, savings acco...

    Steven’s Answer

    Assuming you have the capacity to do so, yes you can revoke the POA. However it also sounds like you may have a cause of action against your daughter for not managing things properly so I would strongly advise you to go so see an attorney to take some or all of these steps properly.

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