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Anthony James Minko

Anthony Minko’s Answers

8 total

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

    Can I take out life insurance on family members and do I need to tell them I'm doing it? I have life insurance, but some of my family members don't and I've heard funerals are expensive and you have to pay the mortuary and all involved with the s...

    Anthony’s Answer

    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 luck.

    Anthony Minko
    www.minkolaw.com

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

    Th kids are under 14

    Anthony’s Answer

    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

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

    Issues with elderly parents- Father is going into assisted living next week (on Tues) and has applied for Medicaid- screening started 7/16-has aprox $9000 in bank acct. However was paying on HELO (with current balance of $16000.00) and wants to pa...

    Anthony’s Answer

    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

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

    My niece and nephew live with their father's mother,their grandmother, for about 4 yrs now. My sister sees them only on weekends. the grandmother supports them and receives no gov. assistance or help from either parent. How or what does she need t...

    Anthony’s 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 certain amount of time to improve their parenting and behave more responsibly, and they may be able to regain custody of their child after they have proven themselves to be competent parents again.

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

    My mother died without a will but wanted everything to go to her grandchildren. Can my sister and I sign the estate over to them to be divided equally

    Anthony’s Answer

    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 informational purposes only and does not constitute legal advice. ***

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  • Can a Trust borrow money?

    My sister and I are the co-trustees and beneficiaries of a Trust my father left when he died. We'd like to take out a loan to update some of the Trust properties and are unsure how to do that. Is the Trust considered a business?

    Anthony’s 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. ***

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

    my 71 yr old father is a 100% disabled vet. with paranoid schizophrenia and manic depressive. Does not take meds, never has. He does not believe he will die so he has no will and will not get one. He will not see a dr or go to the VA hospital be...

    Anthony’s 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 understand the wide scope of the different possible consequences of signing the power of attorney. The implications of the power of attorney are more broad than those in a will, and may not be as clearly defined in the document, so the standards of mental capacity may be different.

    Depending on the circumstances, it may be necessary for a doctor to evaluate him to determine is he is mentally competent to sign the will and/or power of attorney. An attorney and a judge, along with medical personnel, social workers and family members may be required to make these determinations. Handling the situation on your own without legal representation could be difficult since there are many factors to take into account. You may be able to get free or low-cost representation through your local bar association.

    ***The above is for informational purposes only and does not constitute legal advice.***

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  • My mother passed away in 2008 and my brother and sister are the trustees and I have never received any accounting of anything

    and they just blow me off. I am a benificery and a senior and cannot afford a lawyer but am willing to try to represent myself but ned help in knowing what forms to file, etc. Can anyone help me?

    Anthony’s 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 different possible scenarios, and your remedies could be different depending on the specifics. It would make sense for you to speak with an attorney who would be able to learn more about the facts to give you more concrete advice.

    Even if you cannot afford an attorney, there are many free or low-cost options out there. For instance, the NYC Bar Association offers a Legal Hotline that provides information, advice and referrals to low-income New Yorkers who can not afford a private attorney or have access to legal representation. The Hotline is available Monday through Friday from 9:00 a.m to.1:00 p.m. at (212)626-7383.

    You can also check out LawHelp.org/NY, a website designed to improve access to legal resources for low-income New Yorkers.

    NOTE: This post provides general information only, not legal advice.

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