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Richard Albert Luthmann
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Richard Luthmann’s Answers

477 total


  • If there are grounds for removing trustee, does this enable beneficiary to remove him from a second trust

    second trust has same trustee and beneficiary, trustee neglected a required duty for one trust that didn't apply to the other.

    Richard’s Answer

    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.

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  • Do I have to foreclose a property in the county it exists or can I foreclose from a nearby County.

    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...

    Richard’s Answer

    The county in which the real property is situated is the mandatory venue for a foreclosure proceedings.

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  • How long are court ordered trusts held legally? Should I acquire an attorney or be patient with the process?

    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?

    Richard’s Answer

    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.

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  • NY: Settling an irrevocable trust

    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 ...

    Richard’s Answer

    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.

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  • Which entity do i have to contact to add my wife as co owner to my c-corporation?

    i'd like to add my wife to my corp so her name would be on the certificate of incorporation

    Richard’s Answer

    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.

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  • Must the members of the Board of Directors be primary residents of the building excluding the unsold shares?

    The building is The Master coop on the upper west side of New York City.

    Richard’s Answer

    It depends on what the Bylaws say. Hire a real estate lawyer who does condolences and coop law immediately.

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  • Can I use a power of attorney to purchase a car for my mother who doesn't drive to spend down for Medicaid qualification?

    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?

    Richard’s Answer

    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).

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  • How do I assign Power of Attorney for my grandmother who is suffering with dementia?

    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 ...

    Richard’s Answer

    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.

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  • How do I get my father's lawyer to provide his signed will?

    My father died 2 months ago. We have a copy of his will, but not the original. His lawyer is supposed to have it, however we have not been able to get in a response from him. We tried contacting the lawyer using a fax number the probate clerk at t...

    Richard’s Answer

    Send the lawyer a certified letter requesting the will. You should hire a lawyer to handle the estate. If your father's lawyer does not capitulate, have your lawyer file a petition to compel production of the will.

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