Andrew Marc Lamkinā€™s Answers

Andrew Marc Lamkin

Plainview Estate Planning Attorney.

Contributor Level 7
  1. Does an Ira beneficiary chang of a dying man have to be

    Answered about 4 years ago.

    1. Andrew Marc Lamkin
    1 lawyer answer

    Not sure exactly what you are asking. If there is a beneficiary of IRA, that IRA does not go through the probate process. If this does not answer your question, you should speak to an attorney directly. www.lamkinelderlaw.com

    1 person marked this answer as helpful

  2. Dads on his way to a nursing home..How do I protect our house from the nursing home vulchers???

    Answered over 4 years ago.

    1. Andrew Marc Lamkin
    2. John Thomas Griffin
    2 lawyer answers

    In New York, an individual is eligible for Medicaid benefits if they are disabled and have assets under $13,800. When applying for institutional benefits (to pay for a Nursing home), Medicaid will look back 5 years for any transfers that the applicant may have made. Because the house was transferred out of your fathers name 6 years ago - you should. Of course, this depends on his other assets, such as savings, investments, bonds, etc.. His income should go to the Nursing Home and Medicaid...

    1 person marked this answer as helpful

  3. Query about my fathers house when he dies(we both still reside in it but on joint on mortgage)

    Answered over 4 years ago.

    1. Andrew Marc Lamkin
    1 lawyer answer

    If the assets your father leaves does not cover amount of the mortgage, you will have to pay it off on your own. You may be able to work with the bank and take out your own mortgage. The house will go to probate, unless you plan ahead of time. There are two ways to avoid probate. The first is to add your name to the deed. However, there can be tax implications with this option and I would suggest that you seek the advise of an attorney or accountant before proceeding. The second way to avoid...

  4. My uncle just died suddenly and did not have a will, need to know his son's rights as he was remarried

    Answered over 4 years ago.

    1. Gerry M. Wendrovsky
    2. Andrew Marc Lamkin
    2 lawyer answers

    Either the wife or the son can petition Surrogates Court to be the administrator of the estate. No matter which of them does this, the other will be notified and brought into the action. The inheritance will pass to both of them - the first $50,000 going to the spouse and the remainder being split equally between them. Your cousin should contact an attorney to initiate the proceeding. www.lamkinelderlaw,.com

  5. Re dad will!

    Answered over 4 years ago.

    1. Rudolf J. Karvay
    2. Andrew Marc Lamkin
    2 lawyer answers

    In New York, you cannot disinherit a spouse. Therefore, absent a prenuptial agreement, your step mother legally entitled to 1/3 (called a Spousal Right of Election) of your father's estate. You should not let her take everything. The executor should hire an attorney and admit the will to probate in the county where your father lived. Your step mother will be notified during this process. This seems very black and white. She is entitled to 1/3. No more. No less.

  6. My dad and his wife were married 25 years and lived in a house she had before the marriage They are both dead and her family liv

    Answered over 4 years ago.

    1. Andrew Marc Lamkin
    1 lawyer answer

    This depends on who passed away first, your father or his wife. Assuming that they did not have Will and she passed away first, he would be entitled to a portion of her estate. In the absence of a prenuptial agreement, he would also have been entitled to a portion of estate if she had a will - even if that will left everything to her children. Remember, in New York, you cannot disinherit a spouse. However, if your father passed away first, then her estate - upon her death - would pass...

  7. 3 agents

    Answered over 4 years ago.

    1. Andrew Marc Lamkin
    1 lawyer answer

    The answer depends on your location. I believe that your are located in New York and will answer the question based on that premise. First, you can appoint 3 agents on a Power of Attorney. Second, even though your mother has the early onset of dementia, she probably has the capacity to execute a legal document. I recently worked on a case were capacity was an issue. The case law states that a Power of Attorney is valid if the individual has capacity at the time of execution. This means that, at...

  8. How long does it usually take to settle an estate with no property but stocks etc? Are there estate and fed taxes New york stat

    Answered over 4 years ago.

    1. Matthew Bryant
    2. Andrew Marc Lamkin
    2 lawyer answers

    The answers depend on the size of the estate. First, there is an Estate Tax in New York for estates greater than 1 million dollars. In 2010 there is not a federal tax. However, there was a federal tax in 2009 for estate greater than 3.5 million and there will be a tax again in 2011 for estates greater than 1 million. This law will probably change - so be sure to keep a watch for any changes. If there is a tax owed, it must be paid within 9 months of the date of death of the individual. If...

  9. Which type of attorney do I need, elder care or probate?

    Answered over 4 years ago.

    1. Matthew Bryant
    2. Andrew Marc Lamkin
    3. John J. Sullivan
    4 lawyer answers

    You should seek the advice of counsel to guide you here, but I can tell you that creditors will have a difficult time recovering the money because it is passing outside of probate. When your father passes, I would suggest that you inform the creditor that dad did not have an estate and there are no funds from which they can recover. They may send you letters for a while (perhaps up to 1 year). However, you can tell them that they should write off the debt.