Frank Louis Buquicchio’s Answers

Frank Louis Buquicchio

Ronkonkoma Elder Law Attorney.

Contributor Level 12
  1. When a parent goes to a long term care facility how does the family protect their assets and pay only minimal taxes on them?

    Answered over 1 year ago.

    1. Frank Louis Buquicchio
    2. Edwin Drantivy
    3. Dagmar Pollex
    4. Kelly Scott Davis
    4 lawyer answers

    More information is neede to answer your question. For example, how much monthly income does your parent have; how much long term care insurance coverage; what type of coverage; is there a living spouse? You should seek advice from an experienced elder law attorney immediately

    14 lawyers agreed with this answer

  2. My dad has the alzheimers and i am the poa can i be put on the deed of the house and his bank accounts?

    Answered almost 2 years ago.

    1. Frank Louis Buquicchio
    2. Yefim Rubinov
    3. Roman Aminov
    4. Jayson Lutzky
    4 lawyer answers

    You need to immediately consult with an experienced elder law attorney to review your situation, in particular the power of attorney to determine what authority you have been given by your father, which may or may not include transferring the house

    13 lawyers agreed with this answer

  3. Can an irrevocable trust be changed?

    Answered 10 months ago.

    1. Frank Louis Buquicchio
    2. Anthony Paul Scali
    3. Thomas Alan Holman
    4. Michael Leo Potter
    5. Joseph Franklin Pippen Jr.
    6. ···
    6 lawyer answers

    I agree with Mr. Scali with this addition - the trust may have contained a power where the settlor (the person who set up the trust) retained the power to change beneficiaries of the trust. This power, referred to as a limited power of appointment, is typically exercised by Will. You should definitely seek counsel from an experienced estate planning/estate attorney.

    12 lawyers agreed with this answer

  4. What are some things that a estate planning attorney will discuss with client when making a will?

    Answered almost 2 years ago.

    1. Eric Edward Rothstein
    2. Frank Louis Buquicchio
    3. Douglas R Holbrook
    4. Deborah Gail Rosenthal
    4 lawyer answers

    An experienced planning attorney will review all of those things with you and understand first what your goals are. There are a number of provisions that can be part of a Will depending on individual circumstances. You should discuss who will inherit your assets as well as how and when. You need to discuss who will be the Executor (as well as Trustee if needed). The attorney should also discuss advance directives (power of attorney, health care proxy and living will) as a critical part of any...

    12 lawyers agreed with this answer

  5. Will the probate be necessary?

    Answered over 1 year ago.

    1. Frank Louis Buquicchio
    2. James D. Kiley
    3. George G. Burke III
    4. Alan James Brinkmeier
    5. Steven M Zelinger
    6. ···
    7 lawyer answers

    Actually, what your Will states has nothing to do with whether it has to be probated. Generally speaking, Probate is required when the decedent owned property/assets in his or her name alone with no named beneficiaries. For example, if a bank account is owned jointly with right of survivorship, it passes automatically to the survivor regardless of whether there is even a Will.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. How many witnesses do you need to sign a will in ny state? And who should be the witnesses?

    Answered over 1 year ago.

    1. Gregory Herman-Giddens
    2. Frank Louis Buquicchio
    3. Eric Edward Rothstein
    4. Joseph Michael Pankowski Jr
    5. George Howard Dippel
    6. ···
    6 lawyer answers

    The Will should be witnessed by 2 "disinterested" adult witnesses. A beneficiary should not be a witness

    10 lawyers agreed with this answer

  7. Can I disinherit a child in New York?

    Answered about 2 years ago.

    1. Roman Aminov
    2. Frank Louis Buquicchio
    3. Yefim Rubinov
    4. Peter Vincent Arcese
    5. James D. Kiley
    5 lawyer answers

    You can absolutely disinherit a child. You should, however, acknowledge the child's existence (ie, mentioning him or her by name and stating that you are specifically leaving him or her nothing). Bear in mind though that your child has a right to challenge your will.

    10 lawyers agreed with this answer

  8. What are the Pros and Cons of a Irrevocable Income Only Trust? What does the 5 years plus 1 day look back period mean?

    Answered over 1 year ago.

    1. Frank Louis Buquicchio
    2. Joseph Michael Pankowski Jr
    3. Michael Leo Potter
    4. Kelly Scott Davis
    5. Robert Michael Goldberg
    5 lawyer answers

    you and your mother should immediately seek the advice of an experienced elder law attorney. the laws in this area are complex and the rules regarding Medicaid eligibility are strictly adhered to. putting the house into an irrevocable trust will create a five year waiting period for Medicaid nursing home eligibility, but not for Community Medicaid (ie, help at home)

    9 lawyers agreed with this answer

  9. Do all wills need to be probated in New York?

    Answered almost 2 years ago.

    1. Frank Louis Buquicchio
    2. Eric Edward Rothstein
    3. Mark Michael Campanella
    4. Joseph Franklin Pippen Jr.
    5. Marcus William Kroll
    5 lawyer answers

    Typically, the only reason to probate a Will would be if the decedent owned asset(s) in his/her name individually with no named beneficiary on the account. Assets owned with another with right of survivorship or with named beneficiary escape probate

    9 lawyers agreed with this answer

  10. Protecting Assets From Nursing Home

    Answered 8 months ago.

    1. Brian A. Raphan
    2. Frank Louis Buquicchio
    3. Elizabeth Shollenberger Esq.
    4. Barbara Ann Bangs
    5. Thomas F. O'Connell
    5 lawyer answers

    You should immediately speak with an elder jaw attorney. If your father gave you the power under the power of attorney, you should still be able to save some of his assets. It is unfortunate that you did not seek assistance at the beginning

    8 lawyers agreed with this answer

    1 person marked this answer as helpful