Richard Albert Luthmann’s Answers

Richard Albert Luthmann

Staten Island Estate Planning Attorney.

Contributor Level 14
  1. 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 9 months 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

  2. A Deed In Lieu????

    Answered 12 months 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

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

    Answered 12 months 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

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

    Answered 12 months 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

  5. 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 almost 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

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

    Answered about 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

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

    Answered 2 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

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

    Answered about 2 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

  9. I am in ny and heard medicaid goes back 10 yrs or so for payback I have a wrongful death suit against a nursing home estate owes

    Answered 8 months ago.

    1. Lawrence A Friedman
    2. Richard Albert Luthmann
    3. Steve Eliot Sanderfer
    3 lawyer answers

    You heard wrong. It's a 5 year look back. Talk to an elder law attorney to help resolve your issues.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Medicade and medicare finally agree to the amount of the medical expensive from my dad death.

    Answered 11 months ago.

    1. Richard Albert Luthmann
    2. Lawrence A Friedman
    3. Kelly Scott Davis
    3 lawyer answers

    If you're in the Bronx, six months can be considered "warp speed" on some occasions. That is a very busy court.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

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