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Gregory L. Piede

Gregory Piede’s Answers

16 total


  • When an irrevocable trust is settled do you have to share the trust agreement with all beneficiaries immediately afterwards?

    I know that my father settled a trust for myself and my two brothers. Does the law prevent us from receiving a copy of the trust agreement from my father's trustee today while he is still alive? Or do we not get a copy of the trust agreement until...

    Gregory’s Answer

    If you are a current beneficiary of the trust, then you would be entitled to a copy, and can force the trustee to provide an accounting. However, if you only become a beneficiary once your father passes, then it is less likely that you would be entitled to a copy of the trust or an accounting. In Catch-22 form, it will depend also on the trust's terms.

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  • I am the beneficiary to a trust

    Hello, my mother settled a trust a few years back myself and my brothers are the beneficiaries and one of my brothers is the trustee. My mother is still alive I have received distributions from this trust since it has been formed. I am in a situat...

    Gregory’s Answer

    Yes, if you truly are a current beneficiary (and it sounds like you are, as you have received distributions), then you would be entitled to a copy of the trust indenture. You can petition the court for an accounting. Trying to replace the trustee is much more complicated (and expensive). Can you get a copy from one of your siblings or your mother?

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  • My 84 year old mom has a “LIFE-ESTATE” at the home where she resides

    Six of her children are joint owners of that property. However one of her children who is one of the joint owners occupies an apartment but refuses to contribute any monies or labor to help with the upkeep and to pay the property taxes. The house ...

    Gregory’s Answer

    A life estate is the right to possess (and not allow someone else to possess) a property during the course of someone's life. So if your mother (and your mother alone) has a life estate, she can evict anyone living on the property, including her child. Also, note that if she has a life estate, she is responsible for the taxes on the property.

    Generally in a situation like this, the mother will have a life estate, and the children will have a "remainder" interest. That means that once your mother passes away, the six children will be co-owners of the property. A "remainderman" (like the child living there) has no right to live there while your mother is alive.

    In the less-likely case that the children have joint life interests with your mother, it would be more difficult to evict the child. You would benefit from having an estate or real estate attorney review the deed with you to determine exactly what the ownership of the property is.

    Gregory Piede

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  • Can i get a green card if i owe taxes

    Getting married to American citizen that im in love with. Her taxes is fine, but i didn't file my taxes as I was working without work authorization(for 2 years,2009,2010). I was wondering if i can get denied with USCIS on the base that i didn't fi...

    Gregory’s Answer

    I would suggest posting this question under the immigration section. My partner is an immigration attorney (wsun@piedelaw.com), and she deals with this often. From a tax perspective, of course you can pay taxes, and are encouraged to. The more important question is what is the effect on your immigration prospects. I know there are technical rules, and what really matters to the person processing your application, which are not always the same.

    Again, you are better off asking an immigration attorney about this than a tax attorney.

    Greg Piede

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  • Hi My green card expired in 2009 And I haven't worked at all in 2010

    I have no W2 just a 1099 INT I have just been living of my savings and has no additional income Should I file taxes anyway? Will I have problems with the IRS or immigration because of that? Thank you

    Gregory’s Answer

    Your immigration status aside, a person only needs to file taxes if he earns over a certain amount of money in a year.

    If you are under the age of 65, here are the income limits above which you must file income taxes:

    Single: $9,350
    Married Filing Jointly: $18,700
    Married Filing Separately: $3,650
    Head of Household: $12,000
    Qualifying Widow(er): $15,050

    Regarding your immigration status, immigration attorneys have told me it is a good idea to pay taxes if you ever hope to gain citizenship in the U.S. I would suggest posting this question in the immigration section of avvo, or you can contact my partner who is an immigratiaon attorney at wsun@piedelaw.com.

    Greg Piede

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  • If I buy an interest in my mothers land, does that protect the land against claims by Medicaid?

    My mother only owns a piece of land. She lives on that land in a mobile home that I own. I am able to purchase an interest in the property (up to 1/2 interest) based on the tax value. She may need to go to a nursing home within the next six mon...

    Gregory’s Answer

    It depends. Selling a house is tricky, because it has special status under Medicaid laws. The house is an exempt asset, so while your mother is alive, no one can take it; however, if she is on Medicaid and passes away, if the house is probated then Medicaid can assert a claim against the house.

    If she sold an interest in the land to you, then the money she receives from you will not be protected from Medicaid. But, depending on how you structure the purchase, it may be able to protect the house from claims from Medicaid after her death.

    Again, houses are tricky, and as it is a valuable asset, it is probably worth running the specifics of what you are thinking by an attorney familiar with Medicaid law.

    Greg Piede

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  • My mother in law has moderate stage alzheimers and my husband is her health care proxy. When her daughter starts visiting and

    calling mom, mom begins to have behavior problems. Can the health care proxy stop these visits and calls legally.

    Gregory’s Answer

    I would only correct Attorney Siegel above in stating that when you visit an attorney, your husband will want to become guardian of his mother's *person.* Becoming guardian of your mother's property will not allow him to stop these visits. Keep in mind also that this could be a difficult road, particularly if your husband's sister will contest the guardianship. For this reason, I would strongly recommend consulting with an attorney experienced in guardianships before proceeding.

    Gregory Piede

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  • I am 62 years and disabled. I live with my mother who is 88 and she owns the house we live in. I do not own the house but have

    lived with her for years. My daughter wants my mother to sell the house and use the money on her house to remodel room for us. If I dont want to move to the daughters can she sell her house and make me move in with her. I am also not on the houses...

    Gregory’s Answer

    Because your mother is the sole owner of the house, only she has the right to sell the house. Simply living in the house will not allow you to stop her from selling the house without any other contractual or legal obligation.

    Greg Piede
    Licensed to practice in New York

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  • How can i get copies of a will or trust of my father who has passed on. his wife says it is private .

    upon our fathers passing my sister and i were informed by his wife that the trust was private that he left everything to her. can we get copies of our fathers trust or any wills?

    Gregory’s Answer

    Because your father has passed away, your locality will likely require the will to be filed with the local surrogate (probate) court. It is then a public record, and you and anyone else would be entitled to a copy.

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  • We would like to get legal guardianship of our grandchildren in NY State. Both parents are incapable of raising them.

    At present the mother (our daughter) besides having a history of bad choices in men, most likely is suffering from PP depression. She is living with a man who has done drugs while left in the care of my 2 grandchildren and is abusive to the childr...

    Gregory’s Answer

    Though courts favor the parents when determining raising the children, if the facts are serious enough, you could gain custody of your grandchildren. I would suggest posting this question in the family law section as family law attorneys have more experience with these types of matters.

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