Richard Albert Luthmann’s Answers

Richard Albert Luthmann

Staten Island Estate Planning Attorney.

Contributor Level 14
  1. How to claim your pet and get income tax

    Answered over 1 year ago.

    1. Richard Albert Luthmann
    2. Eric Edward Rothstein
    3. Brian Joseph Munson
    4. Christopher Michael Larson
    4 lawyer answers

    Deducting pet expenses is usually something that you cannot do. However, there are a few animal related expenses you may be able to claim (consult an accountant or tax lawyer before you tax any position related to your taxes and deductibility): Moving Expenses: If you’ve moved recently for a job, you can claim the cost of moving your pet. Donations to Pet Charities: The same rules apply to charitable donations whether or not they are animal related, so you can deduct donations to non-...

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  2. Half brother bought a house with my brain damaged Father's money after becoming POA. What can I do to get the money back?

    Answered over 1 year ago.

    1. Richard Albert Luthmann
    2. Michael Leo Potter
    3. Kelly Scott Davis
    3 lawyer answers

    Where is Dad located? My suggestion (not knowing all of the facts) is to consider bringing a guardianship proceeding to become the guardian of your father's person and property and invalidate the existing power of attorney because of your brother's breach of fiduciary duty. However, I would need to know more. You said half-brother. Are you both blood descendants of your father but with different mothers? Where was the house located?

    11 lawyers agreed with this answer

  3. My dad died do I have a right to see the will

    Answered 10 months ago.

    1. Richard Albert Luthmann
    2. Eric Edward Rothstein
    3. James Bunkey Swain
    4. Joseph Franklin Pippen Jr.
    5. Kelly Scott Davis
    5 lawyer answers

    Yes. Bring a proceeding in the Surrogate's Court for her to produce it.

    10 lawyers agreed with this answer

  4. Can a prior will be revived if the subsequent will is no good?

    Answered over 1 year ago.

    1. Richard Albert Luthmann
    2. Maria C. Tebano
    3. James P. Frederick
    4. Jeffrey Bruce Gold
    4 lawyer answers

    Yes. Please hire a trusts and estates to guide you here.

    10 lawyers agreed with this answer

  5. I can not find my original will and my lawyer has retired. I do have a copy of this will. Would that be good enough if I died.

    Answered over 1 year ago.

    1. Michael Evan Greenspan
    2. Richard Albert Luthmann
    3. Arthur Harold Geffen
    4. Maria C. Tebano
    5. Sharon Melissa Siegel
    6. ···
    6 lawyer answers

    You should go to a new attorney and get a will executed right away. You can have your new attorney keep the new will in a will vault or you can have the document filed with the Surrogate's Court.

    10 lawyers agreed with this answer

  6. How can I keep attorney fees reasonable, as low as possible, when my estate is settled?

    Answered 11 months ago.

    1. Richard Albert Luthmann
    2. Sharon Melissa Siegel
    3. Steven M Zelinger
    3 lawyer answers

    Have your attorney draft you a Pour Over Will and a Revocable Trust so you can avoid probate.

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  7. What are the tax ramifications for transferring home ownership from a parent to a child?

    Answered about 2 years ago.

    1. Richard Albert Luthmann
    2. Ernest Joon Kim
    3. J Christopher Minor
    4. James P. Frederick
    5. Steven J. Fromm
    5 lawyer answers

    Remember that when you gift assets, there is a carry-over basis. This means that if Mom and Dad gift you a house they bought for $10,000 that is worth $100,000 and then you go to sell it in a few years for $150,000, you owe capital gains tax on the full appreciation ($150,000-$10,000=$140,000). There are tax breaks in the Internal Revenue Code. Section 121 excludes capital gains if the house being sold is your primary residence (you have lived there 2 of the last 5 years) up to $250,000...

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  8. Is there a listing or posting of a person "Last Will & Testament" on the internet? If so how do you locate it?

    Answered 11 months ago.

    1. Richard Albert Luthmann
    2. Eric Edward Rothstein
    3. Steven M Zelinger
    4. Joseph Franklin Pippen Jr.
    5. Marco Caviglia
    6. ···
    6 lawyer answers

    There is no Internet database. You can hire a lawyer and have the lawyer perform a search in the Richmond County Surrogate's Court records to see if a will was offered for probate.

    9 lawyers agreed with this answer

  9. My fathers estate is still open from 2006 my brother and sister owes the estate and refuses to pay what's my recourse

    Answered 12 months ago.

    1. Richard Albert Luthmann
    2. Donna R Blaustein
    3. Joseph Franklin Pippen Jr.
    4. Barbara H. Katsos
    4 lawyer answers

    If you are tenants in common as to the property, you can legally have the property either partitioned or sold. I would consult an attorney immediately. Some questions to raise are whether the property is or should have been income producing and if any of the tenants in common are in possession of the premises.

    9 lawyers agreed with this answer

  10. As a NJ resident, can I waive my right to receive more than $25,000 from my late mother-in-law's PA estate and redirect it?

    Answered almost 2 years ago.

    1. Lawrence A Friedman
    2. Richard Albert Luthmann
    3. Matthew Erik Johnson
    4. Steven M Zelinger
    4 lawyer answers

    If you disclaim the inheritance, the assets pass as if you had pre-deceased the decedent. This may mean that the amounts pass to your spouse and not your children. It may also mean that the bequest will lapse in its entirety. I would take a copy of the will to a local estate planning attorney so that you are sure that your actions will achieve the desired result.

    9 lawyers agreed with this answer

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