Anthony James Minko’s Answers

Anthony James Minko

Brooklyn Estate Planning Attorney.

Contributor Level 7
  1. My mother passed away in 2008 and my brother and sister are the trustees and I have never received any accounting of anything

    Answered over 4 years ago.

    1. Anthony James Minko
    1 lawyer answer

    Your best course of action at this point depends on the way that your mother structured her estate plan. For instance, did she arrange for the transfer of her assets with a will or a trust, or perhaps a combination of the two? Were some or all of her financial assets held in joint accounts? Were her assets part of the trust? If any real estate was involved, was there more than one person's name on the deed? If there was a trust or a will, do you have a copy of it? There are many...

  2. Father with mental health issues. Can I get POA or a will.

    Answered over 4 years ago.

    1. Anthony James Minko
    1 lawyer answer

    For the will to be valid, your father must be able to understand the ramifications of the will at the time he signs it. Specifically (according to NY law at least), he must be aware of how the will distributes his assets, what those assets are, who would traditionally inherit those assets, and how those who would traditionally inherit his assets are related to him. This may be a relatively low standard compared to signing a power of attorney. With a power of attorney, your father must...

    1 lawyer agreed with this answer

  3. Can I take out life insurance on family members (parents, siblings, niece, nephew, aunts), & do I inform them I'm doing it?

    Answered about 4 years ago.

    1. Dimitri A. Panagopoulos
    2. Anthony James Minko
    2 lawyer answers

    You will likely be able to take out life insurance on another person, provided you are able to show how you will be financially impacted by that person's death. Meeting the funeral expenses, as you mentioned, is likely a sufficient reason. The person will probably find out given that the insurance company will have to do some investigation regarding their general health in order to determine what the insurance premium will be. Contact a local insurance agent for more information. Best of...

    1 person marked this answer as helpful

  4. My mother is dying and she has two foster kids how do i obtain guardinship

    Answered about 4 years ago.

    1. Kenneth V. Zichi
    2. Anthony James Minko
    2 lawyer answers

    You should contact the City's social service agency through which the children were placed with your mother to inform of the situation. If you would like to petition to become their guardians, you should retain a local lawyer or contact the local Family Court to determine what the procedure is. Best of luck. Anthony Minko www.minkolaw.com

  5. Where do I find an Elder Law lawyer for the issues below?

    Answered about 4 years ago.

    1. Geraldine Anne Brown
    2. Troy Austin Pickard
    3. Anthony James Minko
    4. Judith A. McDougall-Flynn
    4 lawyer answers

    One excellent place to find an Estate Planning or Elder Law attorney is the website of the American Academy of Estate Planning Attorneys: aaepa.com. Best of luck. Please feel free to contact me via my website if you have difficulty finding a local attorney. Anthony Minko www.minkolaw.com

  6. How can a grandparent keep grand kids if she doesn't have custody but they have lived with her for past 4 years?

    Answered over 4 years ago.

    1. Anthony James Minko
    1 lawyer answer

    This is a very complex area of the law. It would be advisable for the children's grandmother to consult with an attorney and/or the local child protection agency. In general, the grandmother can report the unfit mother or father to trigger an investigation by the local child protection agency. If it's proven that the parents are unfit, then the grandparent come petition for custody of the child. Temporary custody would probably be granted at first. The parents of the child may have a...

  7. My mother died without a will, but she wanted everything to be equally divided by her grandchildren. Can that be done

    Answered over 4 years ago.

    1. Michael Lewis Van Cise
    2. Lisa Glauber Shippel
    3. Anthony James Minko
    3 lawyer answers

    Since your mother died without a will, all of her assets will be distributed according to the law. If your mother's husband is no longer around, this usually means that all of her property will be split equally between her children. You and your sister will be able to give any of the property that you inherit to your children, but this will be your own decision after the assets are automatically distributed to your mother's natural heirs by operation of law. *** The above is for...

  8. Can a Trust borrow money?

    Answered over 4 years ago.

    1. Anthony James Minko
    1 lawyer answer

    It is possible for a trust to borrow money, but it may depend on the exact nature of the trust and some banks may not be willing to process the loan because of the amount of paperwork involved. The trust is considered an independent legal entity. It may make sense to consult with the attorney who drafted the trust as well as several banks in your area to get more information. *** The above is for informational purposes only and does not constitute legal advice. ***