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Louis P Lepore
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Louis Lepore’s Answers

7 total

  • My mother passed a year and a half ago intestate. I have 5 siblings. We have never probated. Cannot agree on how to proceed.

    Mentally ill brother lives in her home and refuses to cooperate. Four siblings want to sell her house. Pension account is frozen without letters of administration. I am at my wits end trying to be diplomatic. My brother is impossible and violent.

    Louis’s Answer

    I practice probate on Staten Island please call me at my office 347-273-1385.

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  • What are the costs involved in doing a formal accounting for a trust?

    In New York state, what are the costs normally associated with doing and filing a formal accounting for a trust?

    Louis’s Answer

    A formal accounting before a court will be more expensive process compared with an informal accounting to settle a trust, due legal expensive and greater due diligence of a formal accounting.

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  • How to revoke a power of attorney in New York City?

    The person granted the power of attorney is defaulting in the payment of my credit cards.

    Louis’s Answer

    I agree with Ms. Brown and Ms. Siegel that principal may revoke the power of attorney in accordance with the terms of the document by delivering a written, signed and dated revocation to the agent and to any third party that the principal reasonably believes has received, retained or acted upon the power of attorney by certified mailed.

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  • Do i need an attorney to make wills ?

    living will and the other will

    Louis’s Answer

    The Answer is yes. While there are number of services or computer programs that will supposedly assist you, in essence it is a do it yourself kit. What tell most people on this issue is go to a professional have done the right way.

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  • My aunt & I are on bank acc. & CD's How do I keep the money from the Nursing home.

    We are Joint on the bank account and the nursing home said that does not matter. Can I just take the money?

    Louis’s Answer

    I would not advise it. As general rule of thumb there is a Five Year look back Rule on any gifts from your aunt to you, furthermore in most Jurisdictions an assumption will exist that funds in the account belong to your aunt should she need Medicaid benefits. Please seek out local counsel (Elder law attorney) in your area to protect these funds.

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  • My grandmother is in Intensive Care Unit. How can my mother obtain conservatorship over my grandmother? We reside in New York.

    My grandmother's sister has forbidden the hospital to provide my mother and I with any information regarding the situation. My grandmother's sister wants access to my grandmother's benefits. My mother and I feel my grandmother is not receiving the...

    Louis’s Answer

    Before running to Court, I would check your Grandmother's documents for a Power of Attorney (POA) and Health Care Proxy (HCP). The POA and HCP can save your family time and legal fees. If your Grandmother does not have these documents, then seek out legal counsel to obtain Guardianship over your grandmother.

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  • How do you execute a POA if you're Abroad for a transaction in NY?

    I'm in India but I'm a resident of NY (US Citizen). I want to give my daughter POA to enable her to sell her house on which I'm a co-signer (I'm on the deed as well). I know I have to get the POA executed at the U.S. Consulate. Do I use the NY s...

    Louis’s Answer

    My opinion is that you should use a New York State Power of Attorney Form, and have it executed at the US consulate, since all parties will be familiar with the New York State Power of Attorney form in New York State. Also make sure the power of attorney is submitted to the purchaser’s title company for review, to ensure acceptability on the day of sale (closing date).

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