Gregory L. Piede’s Answers

Gregory L. Piede

Rochester Elder Law Attorney.

Contributor Level 8
  1. I am the beneficiary to a trust

    Answered 3 months ago.

    1. Sharon Melissa Siegel
    2. Gregory L. Piede
    3. Michael Leo Potter
    3 lawyer answers

    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?

    1 person marked this answer as helpful

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

    Answered almost 4 years ago.

    1. Gregory L. Piede
    2. Theodore Lyons Araujo
    2 lawyer answers

    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.

    1 person marked this answer as helpful

  3. Can a special needs trust be set up for someone who is over 75 and in a longterm care facility paid for by medicaid?

    Answered almost 4 years ago.

    1. Gregory L. Piede
    2. Susan Michals King
    2 lawyer answers

    I agree with everything Susan said. Pooled trusts are allowed in New York. Good luck!

    1 person marked this answer as helpful

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

    Answered 3 months ago.

    1. Gregory L. Piede
    2. Steven R. Janssen
    3. Michael Leo Potter
    4. Randall J Holmgren
    4 lawyer answers

    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.

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

    Answered over 3 years ago.

    1. Gregory L. Piede
    2. Thomas C Valkenet
    2 lawyer answers

    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...

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

    Answered over 3 years ago.

    1. Gregory L. Piede
    2. Henry Daniel Lively
    2 lawyer answers

    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...

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

    Answered over 3 years ago.

    1. Sharon Melissa Siegel
    2. Jeffrey Mark Adams
    3. Gregory L. Piede
    4. Sonya F. Mittelman
    4 lawyer answers

    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

  8. 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

    Answered over 3 years ago.

    1. Michael S. Haber
    2. Sharon Melissa Siegel
    3. Gregory L. Piede
    4. Sonya F. Mittelman
    4 lawyer answers

    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

  9. IF HAVE BEEN PAYING TAX SINCE 10 YEARS IS THERE ANY WAY TO GET GEEN CARD

    Answered almost 4 years ago.

    1. Carl Michael Shusterman
    2. Gregory L. Piede
    3. Ekaette Patty-Anne Eddings
    3 lawyer answers

    Yes, but it would be a normal green card application process. You will likely not receive special treatment because you have been paying your taxes. This is more of an immigration question than a tax question, so I consulted with my partner, who does immigration work. Except for a very few categories, when filling out an I485 Form for adjustment of status (green card application), having a record of paying taxes is not required. Instead, you have to submit an affidavit of support (Form 864) by...

  10. Before i have to put my mother in to a elderly care facility can she make a one time gift of monies to one of her children

    Answered almost 4 years ago.

    1. Gregory L. Piede
    2. Miles P. Zatkowsky
    3. Alan James Brinkmeier
    4. Noreen A. Murphy
    4 lawyer answers

    Yes, Noreen is correct that you should not make a one-time gift of money to your children if your mother is planning on applying for Medicaid within the next five years. There are, however, planning options available to her that will likely allow her to protect a large portion of her assets from long-term care costs. In this situation, she may (1) want to disclaim her interest in the life insurance if she would like to see the money go to the remainder beneficiary, (2) spend the money on...