Anthony S. Danna’s Answers

Anthony S. Danna

Staten Island Elder Law Attorney.

Contributor Level 4
  1. An annuity is in an Irrevocable Trust. Would income generated by annuity be attachable by Medicaid?

    Answered 6 months ago.

    1. Anthony S. Danna
    2. Michael Leo Potter
    3. James Andrew Mcglynn
    4. Timothy Edward Kalamaros
    5. Gary Roger Waitzman
    6. ···
    6 lawyer answers

    An NY irrevocable trust, created and funded more than 5 years ago provides income to institutional spouse. Income payable to the institutional spouse is income for Medicaid eligibility purposes. The income may be assigned by institutional spouse or her POA (if trust language allows such appointment). Exercising such in favor of spouse would convert income to community spouse and that spouse could elect "Spousal Refusal" or at a minimum receive the first approximately $2,800 per month (...

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  2. How can my father in law get reimbursed from his now deceased sister's insurance company for the medical payments he made?

    Answered 6 months ago.

    1. Anthony S. Danna
    2. Lawrence A Friedman
    3. Eric Joseph Einhart
    3 lawyer answers

    Your father-in-law's authority under the POA of his now deceased sister has terminated. A POA dies with its principal. When he paid the medical expenses, he was actually making a loan to his sister. Now he is a general creditor of her estate. Has an estate proceeding been commensed? If the estate has assets, he would make a claim aganist the estate. As for filing a claim on behalf of his sister with United Health Care, only the estate fiduciary has standing. Your father-in-law does...

    4 lawyers agreed with this answer

  3. What documents are required to legally transfer/sell land in an irrevocable trust?

    Answered 6 months ago.

    1. Anthony S. Danna
    2. Eric Joseph Einhart
    2 lawyer answers

    First, the only way a trustee should convey land owned by her trust is as set forth in the trust document. Usually that is via a sale for fair and adequate consideration in an "arm's length" transaction or as a distribution to a beneficiary. Beware of "self-dealing" issues. What does the trust documents say about "self-dealing?" Keep in mind that just because a trustee is not the purchaser does not take "self-dealing" out. The process for selling land owned by a trust is the same as...

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  4. I need to take money out of my daughters trust fund for my daughters sweet 16 , what do i have to do

    Answered 5 months ago.

    1. William Salvatore Gillen
    2. Richard Albert Luthmann
    3. Steven M Zelinger
    4. Joseph Franklin Pippen Jr.
    5. Eric Edward Rothstein
    6. ···
    7 lawyer answers

    I sugguest you start by speaking with the Trustee. This is the person or entity that must make the decision whether the trust can "makle" a party for your daughter under the term of the trust agreement. Most probable, there will be no specific language in the trust document that will provide distributions of corpus to pay for such an event. There may be language in the trust documents allowing the trustee to have discretion in making such an expenditure. If so, then it is up to the Trustee....

    3 lawyers agreed with this answer

  5. I have a life estate deed with my mom if her health fails can medicare place a lien on the house for any unpaid medical bills

    Answered 6 months ago.

    1. Anthony S. Danna
    2. Lawrence A Friedman
    3. Ilana F. Davidov
    4. Gregory John Barry
    5. Michael Niels Bruno
    5 lawyer answers

    I assume that you mean Medicaid and not Medicare. The agency that administers the Medicaid program in your mother's home town could place a lien on the property if your mother holds a "remainder" interest. If she holds a "life estate" interest, it could also place a lien, but only for the duration of her life. If the property was sold during her life, the lien would require satisfaction. Provided the property was not sold during her lifetime, a lien on her "life estate" interest would...

    3 lawyers agreed with this answer

  6. I have a relative in her 80's who I have concerns that she can make decisions by herself.

    Answered 6 months ago.

    1. Eric Joseph Einhart
    2. Anthony S. Danna
    3. Drew Norman Early
    4. L. Vincent Ramunno
    5. Gary Roger Waitzman
    5 lawyer answers

    Proceed with caution! Your relative (of any age) has the right to her autonomy. It is her prerogative to hoard and not plan for the future. Yes, you will be left to "clean out everything", but only if you accept the responsibility when the time comes. With this said, when the hoarding, short-term memory loss and diet issues raise the concern of your relative's personal safety, you may wish to take action - initiate a guardianship proceeding. Before that point however, you may wish to...

    2 lawyers agreed with this answer

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  7. How can I get my elderly mom back to Brooklyn?

    Answered 6 months ago.

    1. Thomas Alan Holman
    2. Ivette M Santaella
    3. Lawrence A Friedman
    4. Anthony S. Danna
    4 lawyer answers

    Your only course of action is to hire an attorney who can evaluate the situation after more facts are presented and provide counsel. As a start, understand that unfortunately, you lack authority to dictate your mother care plan at this time. The fact that APS is involved and that there is a restraining order suggests that there are family issues and it may not be your doing (no blame assigned). Are you prepared to "ask the Court" for the authority you want? Understand that you must hire...

    2 lawyers agreed with this answer

  8. My mother signed a POA to my Uncle for the Sale of our House. It looks like he took the funds to pay off his debt. Can she sue?

    Answered 6 months ago.

    1. Rudolf J. Karvay
    2. Glenn Johnston
    3. William A. Deitch
    4. Mitchell Jan Birzon
    5. Anthony S. Danna
    5 lawyer answers

    An agent acting under the authority of a POA has a fiduciary duty to the Principal (your mother). Not only is the agent only authorized to act as expressly delineated in the document, he or she must in the best interest of the principal. Was there a attorney representing your mother as Seller? Who drafted the POA? Was it drafted by an attorney? The many facts and circumstances of the case are important. Your mother should act quickly and hire an attorney with experience to review...

    2 lawyers agreed with this answer

  9. Can irrevocable trust be changed.

    Answered 6 months ago.

    1. Jeffrey Bruce Gold
    2. Thomas Alan Holman
    3. Curt William Ferguson
    4. Anthony S. Danna
    5. Eric Joseph Einhart
    5 lawyer answers

    I would like to give a more direct response to your question but more facts are required. You say your husband created an irrevocable trust with his deceased spouse and is now remarried. I am assuming that the reference to your husband being "remarried" he married you. Are you named in that irrevocable trust? I will assume, not. Or did your husband retain a general power of appointment in the trust which he exercised in your favor? In order for you to "protect yourself" you must have...

    1 lawyer agreed with this answer

  10. Will

    Answered 6 months ago.

    1. Eric Edward Rothstein
    2. Lawrence A Friedman
    3. Gary Roger Waitzman
    4. Thomas Alan Holman
    5. Anthony S. Danna
    5 lawyer answers

    With regard to your mother-in-law taking you out of the will, she is free to do as she chooses provided she has the requisite capacity. It is possibly however that you have a claim under the theory of Quasi-Contract or implied contract. This assumes that your mother-in-law asked you to perform a service in return for a promise to pay (an amount equal to your wife's expected inheritance); you relied upon this promise; you performed the service and you were not paid (or at least you suspect...

    1 lawyer agreed with this answer

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