Richard Albert Luthmann’s Answers

Richard Albert Luthmann

Staten Island Estate Planning Attorney.

Contributor Level 14
  1. Medical for the elderly question? Will the bill collectors coma after us if we take over his care.

    Answered about 1 year ago.

    1. Richard Albert Luthmann
    2. William Ray Pelger
    3. Gary Roger Waitzman
    3 lawyer answers

    If your brother was a fiduciary for your father, he can be called to account for his actions as his fiduciary (i.e.- under a power of attorney). He can be compelled to pay your father back for any money that was improperly used. With respect to your daughter, if she tries to help your father, the bill collectors cannot come after he because none of the obligations are hers and she did not assume or guarantee any of them. Unlawful collection as against her would be the basis for an action...

    6 lawyers agreed with this answer

  2. I am self employed and have not payed taxes for 10 yrs,what are my options ?

    Answered over 1 year ago.

    1. Ronald J Cappuccio
    2. Richard Albert Luthmann
    3. Oscar Javier Ornelas
    4. Robb Adam Longman
    5. Robert Jan Suhajda
    5 lawyer answers

    Get off of the message boards and talk to a tax attorney right away. You are only protected by the attorney-client privilege when you talk to a lawyer. An accountant can be compelled to testify against you.

    6 lawyers agreed with this answer

  3. What is the best way to craft a license or release form for a video project I'm working on with my start up company?

    Answered over 1 year ago.

    1. Richard Albert Luthmann
    2. Dana Howard Shultz
    3. J Scott Scarbrough
    4. Russell William Kinsey
    5. Bruce E. Burdick
    5 lawyer answers

    Spend the money to talk to a lawyer who can give you a form tailored to your business.

    6 lawyers agreed with this answer

  4. A Deed In Lieu????

    Answered over 1 year ago.

    1. Richard Albert Luthmann
    2. Ivan E. Young
    3. Mitchell Aaron Nathanson
    4. Peter John Wagner
    5. Cheryl Rivera Smith
    5 lawyer answers

    Consult a property lawyer before you sign anything. They may pay you to walk away or you may still be on the hook for some of the debt. Additionally, there may be tax and credit reporting consequences that you should discuss with an attorney.

    6 lawyers agreed with this answer

  5. Does a funeral trust remove the cash value of a life insurance policy from counting as an asset?

    Answered over 1 year ago.

    1. Charles Adam Shultz
    2. Richard Albert Luthmann
    3. David J. McCormick
    4. Michael Leo Potter
    4 lawyer answers

    You would need to put life insurance into a life insurance trust. Consult with an elder law attorney because there is a five (5) year Medicaid look-back for transfers.

    6 lawyers agreed with this answer

  6. If you had a lawsuit filed against you, then decide to put assets in an irrevocable trust to protect those assets..........

    Answered over 1 year ago.

    1. Paul Karl Siepmann
    2. Charles Adam Shultz
    3. Joseph Franklin Pippen Jr.
    4. Richard Albert Luthmann
    5. Douglass S Lodmell
    5 lawyer answers

    Yes, if the transaction is a fraudulent transfer. There are limited exceptions, including transfers incident to divorce. However, I would seek an asset protection attorney immediately.

    6 lawyers agreed with this answer

  7. If a home was gifted to your offspring and offspring dies, who now ownes the home when the gifter is still residing in the home?

    Answered over 2 years ago.

    1. Lawrence A Friedman
    2. Richard Albert Luthmann
    3. Mitchell T. Grayson
    4. James P. Frederick
    4 lawyer answers

    The question is whetehr the Mom retained a life estate in the property or whether there was an agreement between Mom and Son as to occupancy of the premises and what those terms were.

    6 lawyers agreed with this answer

  8. Does a house being put into a life estate invalidate it being part of my mother's pre-existing Will?

    Answered over 2 years ago.

    1. Richard Albert Luthmann
    2. Joseph Franklin Pippen Jr.
    3. James P. Frederick
    3 lawyer answers

    The deed with retained life estate passes by operation of law to the named remainderman on the deed. This means that if your mother had a life estate with remainder to your sister, the property will pass to sister upon mom's death. It does not matter what the will said. However, if you can show that your sister procured the deed change through fraud or misrepresentation, you may have a case to invalidate the deed.

    6 lawyers agreed with this answer

  9. What type of lawyer would I search for concerning a debt collector taking me to court?

    Answered 9 months ago.

    1. Richard Albert Luthmann
    2. Arthur R Panza
    3. Kendra L. A. Stephen
    4. Jeremy S. Davidson
    4 lawyer answers

    Find a lawyer that does debt settlement and credit repair in your area. DO NOT allow the creditor to get a default judgment. If you cannot find a lawyer, go to court that day and ask them for time to find a lawyer. I would call the Atlantic County Bar Association.

    Selected as best answer

  10. Does the two trustees of a trust agreement, entitled to double the reimbursement from the assets, under the section 2307 of SCP

    Answered almost 3 years ago.

    1. Richard Albert Luthmann
    2. James P. Frederick
    2 lawyer answers

    Multiple fidiciaries split the commissions of a trust. Two fiduciaries cannot take double. You correclty cite the apportionment laguage of SCPA 2307. The commissions are apportioned amongst the fiduciaries based on what work has been performed by each.

    Selected as best answer

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