Cheryl Lynn Fratello’s Answers

Cheryl Lynn Fratello

Woodbury Probate Attorney.

Contributor Level 9
  1. Estate appointee after death

    Answered over 4 years ago.

    1. Cheryl Lynn Fratello
    2. Michael P. Robinson
    3. Henry Daniel Lively
    3 lawyer answers

    If there has been no previous probate or administration proceeding, and the estate is under $30,000.00, you can start a small estate administration in Surrogate's Court in the County of your father's last residence. This is a simplified procedure that you may be able to handle on your own. Forms and more information can be found here: http://www.nycourthelp.gov/diy/smallestate.html

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  2. Assest Protection relative to qualifing for Medicaid

    Answered over 4 years ago.

    1. Cheryl Lynn Fratello
    1 lawyer answer

    First, the answer to your question depends on which Medicaid program the applicant is applying and several other factors. Under New York law, a certified disabled child must live in the Medicaid applicant's home in order for the home to be considered exempt as a resource in qualifying for Medicaid, and to prevent a lien from being placed on the home while on Medicaid. A better option may be to consider a transfer of the home to the disabled child. A transfer of a homestead to a certified...

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  3. Is it required or mandatory In Nassau County , NY To send out Letters of Petetion/ Trusteeship to all of the mentioned....

    Answered over 4 years ago.

    1. Cheryl Lynn Fratello
    1 lawyer answer

    Under the Surrogate’s Court Procedure Act, necessary parties (specifically listed in the statute) must be served with a Citation. Other persons in the will who are not entitled to receive a Citation must be mailed a notice of probate. When probating a will in New York, necessary parties should be properly served with the Citation. The Court will not have jurisdiction over a necessary party that was not cited, and cannot make the probate decree binding on that party. I am a bit confused by...

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  4. What is definition of caetaker child as respects protecting assets (the home) in respects to Medicaid?

    Answered over 4 years ago.

    1. Cheryl Lynn Fratello
    1 lawyer answer

    In New York State, a Medicaid applicant may transfer the homestead, without penalty, to his/her adult child who RESIDED in the Medicaid applicant's home for at least 2 years, immediately prior to the applicant's most recent institutionalization, and who provided care to the applicant which permitted the applicant to reside at home rather than in a medical facility. It is presumed that the child “provided care” unless there is evidence to the contrary. Residency is based on the intent to...

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  5. Protecting a 401k from Medicaid

    Answered over 4 years ago.

    1. Cheryl Lynn Fratello
    2. Joel Steven Weissler
    3. Susan Lynne AlexanderMyers
    3 lawyer answers

    According to current law, retirement accounts are exempt as resouces when qualifying for Medicaid. However, income from retirement accounts are generally not exempt. That being said, there are additional income protections for applicants and community spouses of applicants. Medicaid eligibilty is complex and a full review of your parents' assets and income is required to asses Medicaid eligibility. You should contact a qualified elder law attorney.

    1 lawyer agreed with this answer

  6. What is the time for probate?

    Answered over 4 years ago.

    1. Cheryl Lynn Fratello
    2. Ilene L McCauley
    2 lawyer answers

    You should certainly contact an estate attorney right away. In New York State, an estate attorney handles the majority of the probate proceeding. The Court cannot take away your right to letters testamentary without giving you notice and an opportunity to be heard. I suspect that the Order that you received is giving you this notice. If you fail to comply, you may be deemed to have renounced your right to letters testamentary. If you have any additional questions, please feel free to...

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  7. My uncle, who resides in NY state is currently in a coma. My father has a medical power of attorney, but not a general one.

    Answered about 4 years ago.

    1. Miles P. Zatkowsky
    2. Ellen A. Victor
    3. Cheryl Lynn Fratello
    3 lawyer answers

    You should contact an attorney that handles guardianship matters, such as an elder law attorney. An attorney should review the documents that are currently in place and review how your Uncle's assets are held. As indicated in the prior response, a guardianship proceeding may be required.

  8. Selling mom's house

    Answered over 4 years ago.

    1. Erica Crohn Minchella
    2. Cheryl Lynn Fratello
    3. James S. Tupitza
    3 lawyer answers

    Many real estate sellers in your situation are able to sell a home that is in need of additional repairs. The real estate contract of sale can be structured for an "as-is" sale, with the terms of the contract reflecting that you will not make any additional repairs. Speak to a real estate attorney in your area.

  9. I need advice on coop sale that is estate..i am executor

    Answered over 4 years ago.

    1. Cheryl Lynn Fratello
    1 lawyer answer

    It is always preferable for a seller to be present at closing; however, you may be able to pre-sign all documents before the closing. Talk to your real estate attorney about pre-signing the documents.