Peter Vincent Arcese’s Answers

Peter Vincent Arcese

New York Estate Planning Attorney.

Contributor Level 6
  1. In publishing book, need I change first/last name of executor who raided our mother's estate and ignored terms of her will?

    Answered over 1 year ago.

    1. Peter Vincent Arcese
    2. James P. Frederick
    3. Eric Jerome Gold
    3 lawyer answers

    By all means, the book should be "vetted" by an attorney experienced in publishing law and defamation, not only for protection from liability for defamation, but to make it publishable and marketable down the road. A publisher that might otherwise be interested in picking up the book if sales go well, will not be looking to pay an advance to take on a lawsuit.

    2 lawyers agreed with this answer

  2. Is it costly to get guardianship for my mentally disabled sister who lives in another state?

    Answered over 1 year ago.

    1. Thomas J Callahan
    2. Peter Vincent Arcese
    2 lawyer answers

    As Mr. Callahan notes, the cost will depend on the other state's procedures. A contested Guardianship is very likely to be costly. Beyond the issue of cost, look into the other state's requirements for a being appointed as Guardian. Will you have the time and resources (not just financial) to take on the obligations, possible training, and ongoing reporting requirements?

    1 lawyer agreed with this answer

  3. Marketing divorce without hate or amicable divorce

    Answered over 1 year ago.

    1. Brendan Michael Kelly
    2. Peter Vincent Arcese
    3. Brian Elliott Arnold
    3 lawyer answers

    This coming week is ABA Mediation Week 2012. Follow the link below and you might find events of interest as well as marketing resources.

    2 lawyers agreed with this answer

  4. I married in sept . 21 2012 ther is no will if my husband dies do i get his life insurance , savings , retirement , cd's , st

    Answered over 1 year ago.

    1. Paul A. Smolinski
    2. Judy A. Goldstein
    3. Peter Vincent Arcese
    4. Henry Repay
    4 lawyer answers

    This will be determined by state law. Assets that would generally pass to a surviving spouse under a Will, would pass by the laws of intestate succession in the absence of a Will. However, as noted in the other replies to your question, assets which are governed by a beneficiary designation (such as most life insurance and retirement assets) or which may be held jointly or be subject to a "payable on death" provision, would ordinarily pass to the designated beneficiary or joint owner. State...

    2 lawyers agreed with this answer

  5. Can a spouse not mentioned in a lawsuit attend mediation?

    Answered over 1 year ago.

    1. Don Karotkin
    2. Andrew Daniel Weisblatt
    3. Peter Vincent Arcese
    3 lawyer answers

    If a mediator has already been selected, you or your attorney could ask the mediator. Mediators often ask for briefs or position statements prior to a meeting.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. Uncle is dying of cancer. he named me as his heir to all of his items. his wife is in a nursing home...

    Answered over 1 year ago.

    1. Glen Edward Ashman
    2. Gary A Kester
    3. Robert M. Gardner Jr.
    4. Peter Vincent Arcese
    4 lawyer answers

    In addition to helpful the points made in the other answers here, be especially careful since you have a power of attorney. Depending on local law, this may put you in the position of having a confidential relationship with your uncle. Also, any transfers of property by an agent under a power of attorney to him/herself could come under additional scrutiny. In NY, for example, such a gift by an agent may not even be valid unless a special gifts rider is also properly executed.

  7. OUR PARENTING PLAN MEDIATOR IS BLATANTLEY ONE SIDED WHAT CAN I DO .

    Answered over 1 year ago.

    1. Charles Emmerich Hardy
    2. Peter Vincent Arcese
    2 lawyer answers

    Neutrality is a key feature that a mediator is expected to bring to the table in most approaches to mediation. Discuss this with your attorney, and if you don't have one, consider retaining a family lawyer who is familiar with the court and mediation program you are dealing with.

  8. Family Mediators

    Answered over 1 year ago.

    1. Dave Hawkins
    2. Kate M Forrest
    3. Peter Vincent Arcese
    3 lawyer answers

    Mediation is generally much less expensive, more empowering, and more private that litigation. Mediators may be, but are not necessarily, also attorneys. Some attorneys also work with their clients and the opposing side to reach solutions without going to court, and practice what is called collaborative law. The links attached to this answer will have resources for you to explore your options. When a parenting plan will be involved in the mediation, the court will most likely need to review the...

  9. Mediation agreement enforceable over parenting plan?

    Answered over 1 year ago.

    1. Teresa Lynn Border
    2. Peter Vincent Arcese
    2 lawyer answers

    When a mediation agreement involves a parenting plan, because it addresses the best interests of the children, the court will need to review it. Check the status of your parenting plan, mediation agreement, and any court order with a family law attorney.

  10. I was told I have no legal case, but should I get a mediator to get the other party to do the right thing and pay up?

    Answered over 1 year ago.

    1. Kevin R. Richardson
    2. Peter Vincent Arcese
    2 lawyer answers

    I agree with Mr. Richardson. It is very important that you speak with an attorney in your local jurisdiction right away to find out how much time you have left to bring legal action. The ability to go to court as an alternative to a mediated agreement can strongly influence how mediation works. Additionally, an attorney is often able to represent a party to a mediation. Try to find an attorney who has experience representing clients in mediation.