Michael P. Robinson’s Answers

Michael P. Robinson

Naples Estate Planning Attorney.

Contributor Level 8
  1. Does surviving spouse have right to deceased spouse's inherited property under NY Estate law?

    Answered over 4 years ago.

    1. Michael P. Robinson
    2. Gerry M. Wendrovsky
    2 lawyer answers

    The inherited/separate property distinction is relevant in matrimonial actions, it is not relevant in Estate matters because all of the decedent's property is included in his/her estate. The general rule in New York is that a surviving spouse has a right of election against the deceased spouse's estate; the value of the election is $50,000 or one-third of the estate value, whichever is greater. Of course, there are several circumstances that can alter application of the general rule, so it is...

    Selected as best answer

  2. Will i be libel for my wife's medical bills?

    Answered over 3 years ago.

    1. Michael P. Robinson
    2. Thomas C Valkenet
    2 lawyer answers

    I normally don't answer a question unless I have something new to add, but I want to echo Mr. Valkenet's response. It is important that you meet with an qualified estate planning/elder law attorney as soon as possible and that you avoid taking any action until you do so. This is a complicated area of the law and you will need expert help in addressing the many issues that this situation presents.

    1 person marked this answer as helpful

  3. Naming Minors as 401K beneficiaries

    Answered about 4 years ago.

    1. Paul Stephen Johnson
    2. Michael P. Robinson
    3. Edward Joseph Smeltzer II
    4. Frank A Selden
    4 lawyer answers

    Incorporating retirement accounts into an estate plan often is the most complex part of estate planning. If you are looking to channel retirement account benefits to a young person, allowing them to maximize the period of continuing tx deferral and also protect them from being taken advantage of or making inexperienced decisions with the funds, naming a trust as the beneficiary often is the best solution. A trust arrangement allows you to place a great deal of control over how the funds pay...

    1 person marked this answer as helpful

  4. How can I get some assurances that I will not be harmed or Sabatoged in anyway and no liabilaties against me at any time in will

    Answered about 4 years ago.

    1. Michael P. Robinson
    1 lawyer answer

    I am sorry for your difficult situation. Although it is not clear to me exactly what is going on, I suggest that you consult with an experienced probate attorney in your area to assist you in this matter. An experienced probate attorney will be familiar with all of the requirements and nuances involved in probating a will and administering a probate estate, and will be able to look out for your best interest in the proceeding. Because of the contentious relationship between you and your...

    1 person marked this answer as helpful

  5. Does a self pay resident in an assisted living facility in new york state have to provide the facility verification of assets?

    Answered over 4 years ago.

    1. Michael P. Robinson
    1 lawyer answer

    There is no general requirement under New York State law for providing the requested financial information. It is possible that the contract the resident signed with the assisted living facility provides for the furnishing of the information. If the resident is not comfortable furnishing the information, he or she may wish to speak with the administrator to inquire further as to exactly why the information is being requested and what will be done with the information. It could indeed be that...

    1 person marked this answer as helpful

  6. My farther had a revocable trust done in about 7 years ago. I was close with my farther my whole life. I did see a copy of the

    Answered over 3 years ago.

    1. Michael P. Robinson
    2. Jeffrey Ian Bedell
    3. Robert Jan Suhajda
    4. Michael I Burstein
    5 lawyer answers

    Depending on the facts, you may have a basis to have the new trust invalidated because your father lacked capacity at the time her amended the trust, or because of undue influence exercised by the girlfriend/wife. However, if your father was a New York resident and was married when he died his wife would have have a statutory right to a portion of his estate, absent some agreement between them to the contrary. I would advise consulting with an experienced estate planning attorney in your area...

  7. My Uncle has a savings account in trust for me. He has just entered a nursing home. Will the nursing home take the trust funds?

    Answered over 3 years ago.

    1. Michael P. Robinson
    2. Geraldine Anne Brown
    3. Alexandria Broughton Skinner
    3 lawyer answers

    The nursing home will not "take" the account, but an account is considered an available resource of the owner under Medicaid eligibility rules regardless of who may be a beneficiary of the account on the owner's death. If your uncle is interested in preserving the account, as well as other assets, it is not too late to enact planning to accomplish that goal. Your uncle should consult with an attorney experienced with such planning if that is his goal, and the sooner the planning is done the...

  8. How can we force a nursing home to follow the law without going to court?

    Answered over 3 years ago.

    1. Michael P. Robinson
    2. Miles P. Zatkowsky
    3. Robert John Bello
    3 lawyer answers

    Your questions raises interesting issues, and I can appreciate your frustration. I am assuming your mother is in New York State. An attorney would need to know more information in order to answer your questions, including what is your mother's mental and physical condition and did you mother execute a Living Will. Depending on your mother's state of physical health,if your mother is unable to communicate for herself and if she has communicated clearly in advance her wishes for her treatment,...

  9. A resident living in a Nursing Home long term has Dementia and the son who is POA & HCP is spending her money on himself

    Answered over 3 years ago.

    1. Miles P. Zatkowsky
    2. Michael P. Robinson
    2 lawyer answers

    If the agent is misappropriating the principal's funds to his own purposes, he is in violation of his fiduciary duty and may be civilly liable. There also may be criminal liability. I advise consulting with an elder law attorney immediately to bring an action to revoke the agent's authority under the power of attorney and, if nececcary, to have another person appointed as guardian.

  10. Two names on savings account, one person going to nursing home. Does only half of money go to nursing home?

    Answered over 3 years ago.

    1. Meredith Meagan Mazzola
    2. Michael P. Robinson
    3. Jonathan Scott Connor
    3 lawyer answers

    When applying for Medicaid, the Department of Social Services (DSS) will count as an available resource all assets owned by the applicant, even those assets owned jointly with another person; with joint accounts, the presumption is that 100% of the account is owned by the applicant, and the applicant has the burden of proving that the other joint owner contributed to that account if that in fact is true. Medicaid eligibility is an increasingly complex area of the law, and while there is no...