my mom is 91 years old,recently had a stroke. She is currently living in rehab, has no assets , home, car, savings, only Social security monthly. She has Medicaid also. What happens if she can't afford paying her bills, is she liable for legal act...
Yes, she would be liable for all of her debts. There is a question as to whether the credit card company can collect, but that is a separate issue. They could sue her and get a judgment against her.See question
Trust with gift tax provisions established long ago.
The answer is yes. The Federal Estate and Gift tax laws have gone through a multitude of important changes. I would take the document to a tax lawyer to review the state of the law and whether you are in compliance.See question
second trust has same trustee and beneficiary, trustee neglected a required duty for one trust that didn't apply to the other.
This depends on why the trustee is being removed. What are the grounds for removal and what did the trustee do or fail to do? What does the trust say? I would consult with an attorney immediately.See question
I am suing on the note in Niagara. To be assured of compensation I need to foreclose. The commercial property is in Erie County. Can I amend the complaint and foreclose from Niagara County or must I take leave from Niagara County and file foreclos...
The county in which the real property is situated is the mandatory venue for a foreclosure proceedings.See question
I am beneficiary to insurance proceeds held by my ex-husband, and the estate has a court ordered trust for the funds. The insurance company has issued the check to me, and claims to further obligation to the policy, or me. What is my recourse?
Hire a lawyer who practices in the probate part immediately. The local Surrogate may have signed off on a trust, but a trust may not be necessary depending on the facts. A lawyer familiar with the procedure may be able to speak with the Surrogate's office or, if need be, file a petition to compel the distribution.See question
NY: as a trust attorney for remainder beneficiaries of an irrevocable trust: What final steps would you, their attorney, take to protect the beneficiaries before the assets are distributed to the beneficiaries. What questions do you ask of the ...
If there are any clients under a legal disability, are receiving government benefits or that have creditors or other financial constraints, I would endeavor to use an administrative provision in the instrument (or decanting) to either keep the funds in trust OR create a further trust. You definitely want to know each beneficiary's situation and you may want to consult with a T&E specialist.See question
i'd like to add my wife to my corp so her name would be on the certificate of incorporation
You could always file amended articles of incorporation with the Secretary of State. However, I would consult with a lawyer first so as to ascertain your goals.See question
The building is The Master coop on the upper west side of New York City.
It depends on what the Bylaws say. Hire a real estate lawyer who does condolences and coop law immediately.See question
My mother no longer drives and my siblings and I thought we could purchase a car in her name with her money. If we did this would hurt her qualification for Medicaid in NY. Also, would the car be subject to Medicare Estate Recovery?
It is required that you use the care for the benefit of your mother or other members of the household that use the vehicle to provide care on her behalf. This means that if you use the vehicle to take mom to doctor's appointments or to go pick up food and medicine, the vehicle will be excusable. You should also keep a journal as to what you do as a caretaker in order to document the use of the vehicle and qualify for caregiver status for exclusion of the primary residence (if applicable).See question
My grandmother is suffering from dementia and can no longer make decisions for herself regarding her health and safety. Is it too late to have myself and another family member assigned as her Power of Attorney? How is this done especially when we ...
You must avail yourself of the Article 81 Guardianship procedure and petition the Supreme Court to have the appropriate family members made the guardians of the incapacitated individual's person and property. Talk to a lawyer who practices in Elder Law.See question