Richard Albert Luthmann’s Answers

Richard Albert Luthmann

Staten Island Estate Planning Attorney.

Contributor Level 14
  1. Need advice on a property matter? Anyone can help? House left to four siblings...3 want to sell...can it be done?

    Answered over 1 year ago.

    1. Eric Edward Rothstein
    2. Richard Albert Luthmann
    3. Aaron Scott Hill
    4. Joseph Franklin Pippen Jr.
    5. Yefim Rubinov
    6. ···
    6 lawyer answers

    Approach the one who wants to stay to buy out the other three for fair market value after an independent appraisal. If they disagree, bring a partition action.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. My mother died in a nursing home without a will,she died in financial debt.The state took a lean against the family forclosed

    Answered over 2 years ago.

    1. Richard Albert Luthmann
    2. Robert A. Stumpf
    3. Virginia Giselle Alvarez
    3 lawyer answers

    Get as much information as possible together and go see a lawyer. Your best recourse may be to go against the banks on some negligence theory, but it sounds like a real mess.

    Selected as best answer

  3. Can two daughters (beneficiaries) be named as co-executrixes of my `Last Will and Testement' when I establish the document.

    Answered over 2 years ago.

    1. Richard Albert Luthmann
    2. Roman Aminov
    3. Sean Patrick Constable
    4. James D. Kiley
    5. Steven J. Fromm
    6. ···
    6 lawyer answers

    Yes. This is permissible. Depending on your estate plan, you may want an independent (non-related, non-subordinate) party to serve as fiduciary (particluarly of any trusts that may be established upon death). You should speak with an estate planning attorney to guide you through the selection of fiduciaries and a coordinated estate plan.

    8 lawyers agreed with this answer

  4. How to go about applying to be executor if none named on will?

    Answered over 1 year ago.

    1. Steven M Zelinger
    2. Richard Albert Luthmann
    3. Joseph Franklin Pippen Jr.
    4. Brad Michael Micklin
    4 lawyer answers

    What does the will say? Are there alternate executors named? If not, then a relative may petition the Surrogate's Court. However, the Court will be at liberty to make the appointment to qualified persons absent clear direction from the testator.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Any advice on dealing with the Rubin and Rothman Law firm reguarding 6K owed to Capitol One bank?

    Answered about 2 years ago.

    1. Richard Albert Luthmann
    2. Yefim Rubinov
    3. Jayson Lutzky
    4. Roman Aminov
    4 lawyer answers

    Send them a certified letter that they are only to correspond in writing. In the letter, ask them to validate the debt under fair debt collections practices act and have them remove it from your credit within 30 days under the fair credit reporting act if not validated. Have an attorney ready to answer the complaint if they serve you and then have the attorney serve them with a discovery request. (All of this is very technical and I would not recommend you do this yourself). Then have your...

    7 lawyers agreed with this answer

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  6. Do i need a real estate attorney and can I sue?

    Answered 21 days ago.

    1. Barbie Dawn Lieber
    2. Eric Edward Rothstein
    3. Richard Albert Luthmann
    4. Theodore Lyons Araujo
    5. Paul Bruce Kahn
    6. ···
    7 lawyer answers

    Make sure to hire a lawyer and have that lawyer send a Fair Debt Collections Practices Act notice to the debt collector. You can sue under that statute. Also, check your title insurance to see if you have coverage for this item. If you do, the title company is responsible for defending you and clearing the cloud on title.

    7 lawyers agreed with this answer

  7. I don't understand language in my will.

    Answered over 1 year ago.

    1. Richard Albert Luthmann
    2. Roman Aminov
    3. Keith G Langer
    3 lawyer answers

    Your will and your wife's will are coordinated such that if you were to die in a common catastrophe, there would be a set order of who died first to take advantage of both spouse's estate and gift tax credits and get the step up in tax basis to date of death value for assets. Usually, the husband has more assets in his name, so his assets pass through his estate to get the step-up in basis and fully use the available credit / applicable exemption amount.

    7 lawyers agreed with this answer

  8. My daughter and her son, who live with my husband & I, pays rent to us each month. To I have to declare this income to the IRS?

    Answered over 1 year ago.

    1. Jonathan Stuart Frank
    2. Richard Albert Luthmann
    3. Thomas J. Wagner
    4. D K Kevin Dugan
    5. Paul Yaroslav Tarnavsky
    6. ···
    7 lawyer answers

    Talk to your accountant and see how much is actually rent and how much is contributions to the household, etc. The character of the payments are of prime importance.

    7 lawyers agreed with this answer

  9. Social security chks and nursing homes

    Answered over 1 year ago.

    1. Joe Matthew Queen
    2. Richard Albert Luthmann
    3. Amanda Hope Meadows
    4. Kelly Scott Davis
    5. Jacqueline A. Cara
    6. ···
    6 lawyer answers

    Hire an elder law attorney immediately. Social services could drop your father from coverage and they could commence an action against you.

    7 lawyers agreed with this answer

  10. I am an heir in my aunt's will do I have a legal right to ask for all financial transactions that affect the will?

    Answered over 1 year ago.

    1. Richard Albert Luthmann
    2. Marco Caviglia
    3. John P Corrigan
    4. Steven M Zelinger
    4 lawyer answers

    You should consult with an attorney. You can compel your brother to prepare an accounting of his service as executor.

    7 lawyers agreed with this answer

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