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Cheryl Lynn Fratello

Cheryl Fratello’s Answers

9 total

  • 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.

    How can my father take care of my uncle's other affairs (mortgage, etc), while my uncle is in a coma? (He does not have a spouse or children.)

    Cheryl’s Answer

    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.

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  • What is the time for probate?

    It has been 3 months since my moms passing. Due to bein overwhelmed with her death and my own medical problems medical problems I haven't probated the will yet.Today I recived a letter from the courts that my brother had a judge order Ime to appe...

    Cheryl’s Answer

    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 contact my office.

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  • Selling mom's house

    My sister and I both own moms house. Mom can reside there but lives with my sister and I. The house needs some repairs before we can sell it. Can we get a loan based on home value and based on being paid off on sale of the home? We may probabl...

    Cheryl’s Answer

    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.

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

    Beneficiaries mentioned in Last will and Testament or not? I did forget a major person? After 4 years will she notices can she cite me?If it was already probated?

    Cheryl’s 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 your question, and would need additional information about the “major person” for a more comprehensive answer. You should speak to a New York estate attorney.

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

    the coop attorney insists on my being present...i am executor and sole heir..i am medically unable to travel to ny from fl..why can't i do this from a lawyer in fl

    Cheryl’s 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.

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

    I understand you can transfer your home to a caretaker child to protect your home from being considered an asset in order to qualify for Medicaid & the child has to have "lived" in the home for at least 2 years prior. As respects " lived," if the ...

    Cheryl’s 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 establish a permanent home. Many factors may be considered in asserting residence. Based on a cursory review of the limited information in this question, it appears that it may be difficult to establish that the caretaker child resided in the applicant's home.
    You should speak to a qualified elder law attorney before making an application for Medicaid or transferring any assets. Medicaid eligibility is a very complex area of the law and many different factors affect Medicaid eligibility.

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  • Assest Protection relative to qualifing for Medicaid

    Does a disabled child have to live in the home in order to protect the home from being considered in qualifying for Medicaid or can he/she live elsewhere?

    Cheryl’s 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 blind or disabled child in New York is not penalized.
    You should speak to a qualified elder law attorney before making an application for Medicaid or transferring any assets. Medicaid eligibility is a very complex area of the law and many different factors affect Medicaid eligibility.

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  • Protecting a 401k from Medicaid

    My father needs long term care and Medicaid is the only option but my mother is terrified to lose her 401k that she has worked very hard to build. Are there options to protect it?

    Cheryl’s Answer

    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.

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  • Estate appointee after death

    My father passed away in Dec 2009. I was appointed Trustee of his affairs. My name is on both checking and savings acct. A person who owed him money just sent me a check that is made out to the estate of (name). The bank will not accept the ch...

    Cheryl’s Answer

    • Selected as best answer

    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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