David Lawrence Roach’s Answers

David Lawrence Roach

Tonawanda Business Attorney.

Contributor Level 6
  1. What is the procedure for closing an estate in New York

    Answered almost 6 years ago.

    1. David Lawrence Roach
    1 lawyer answer

    There may be nothing to "close." It sounds like the decedent owned property that transferred at death because of the form of ownership: e.g., bank accounts owned jointly with right of survivorship (sometimes designated (JTWROS) on the account title, or accounts held "in trust for" (sometimes designated ITF or Totten Trusts - named after the NY case taht recognized this form of transfer) the beneficiary, life insurance payable to someone other than the estate, pension benefits to a survivor, etc....

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

  2. Does a will need to be filed with the court after a death?

    Answered over 5 years ago.

    1. David Lawrence Roach
    2. Richard Daniel Devita
    3. Janet Lee Brewer
    3 lawyer answers

    A will does not have to be offered for probate (submitted to Surrogate's Court in New York) if the deceased did not own assets that did not otherwise transfer at death. For example, if your father owned accounts, either bank accounts or securities accounts, jointly with your mother, she would take title upon his death due to her right of survivorship. Even if such assets were owned only in your father's name, the accounts may have had "payable on death" or "transfer on death" instructions that...

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  3. Can a husband be liable for wife's medical bills

    Answered over 5 years ago.

    1. David Lawrence Roach
    1 lawyer answer

    In most states (NY where I practice) spouses are responsible for each others support. That obligation clearly includes "necessaries" such as medical treatment. If your wife's insurance does not pay her claim, the difference (the amount not covered by the insurance) is her personal liability, and by virtue of our marriage, your personal liability, as well.

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  4. What are possible tax liabilities for changing the name of our partnership

    Answered over 5 years ago.

    1. David Lawrence Roach
    2 lawyer answers

    There are some ambiguities in her question. It sounds like the LLC is in existence and you are simply changing the name and the ownership interests (perhaps a member is leaving). A change of name has no tax consequence. Moreover, it is not a reason for changing the employer/taxpayer identification number. By analogy, it's like the situation when a women gets married and takes her husband's name - her social security number remains the same.

    1 lawyer agreed with this answer

  5. What are possible tax liabilities for changing the name of our partnership

    Answered over 5 years ago.

    1. David Lawrence Roach
    2 lawyer answers

    There are some ambiguities in her question. It sounds like the LLC is in existence and you are simply changing the name and the ownership interests (perhaps a member is leaving). A change of name has no tax consequence. Moreover, it is not a reason for changing the employer/taxpayer identification number. By analogy, it's like the situation when a women gets married and takes her husband's name - her social security number remains the same.

    1 lawyer agreed with this answer

  6. Can I lawfully be refused access to my retirement account.

    Answered almost 6 years ago.

    1. David Lawrence Roach
    1 lawyer answer

    It sounds like the retirement plan in which you participate does not have a provision that allows employees to borrow against their account prior to reaching retirement age (apparently 55 in your case) or leaving. The HR Department or the Summary Plan Description you should have received could confirm this fact. If that is the case, the advice you have been receiving from your HR Department is correct and you would not have a claim. The relevant law is a federal statute, ERISA. While it gives...

    1 person marked this answer as helpful