S. Micah Salb's Answers

If my father dies, leaves his home to his kids, can I get out of having to deal with them and the house? I Don't want the house.

There is nothing to do right now. However, after your father's death, you should explore whether your siblings can buy your share of the house from you. That way, they can keep the house and your can separate yourself from their issues. If they cannot buy you out (perhaps because of a lack of funds), then you would have two options. The first option would be to force a sale of the house on the open market by filing a "petition for sale in lieu of partition" in the Superior Court. This...

Selected as best answer

JTWROS

The first question that you have to answer is "who is the owner of this account?" Even though the three of you are "owners" according to the brokerage and the account is titled as JT, the IRS will not necessarily agree that the three of you are owners. In fact, if your mother dies first, the IRS will presume that your mother is the sole owner. This is true not only because the IRS always takes that view as to joint accounts, but also because it is very common for older folks to have "...

Selected as best answer

Can i be found an unfit mother for taking medication due to medical problems?

You cannot be found to be an unfit mother merely because you take medicine. However, if you are addicted to the medication, if you are mentally unstable, if the medications cause you to be unable to care for your children (such as, for example, being sleepy because of narcotics), then the judge could certainly find that it would be in the best interests of your children for your husband to have primary custody. I recommend that you locate a lawyer to assist you. If you cannot find one, you...

1 lawyer agreed with this answer

Debt recovery from a deceased person's family

You can file a claim against his estate with the probate court in Prince George's County. However, if he has little or no assets, you will not be able to recover the amounts that you loaned to your friend. The life insurance that he had passes to the beneficiaries outside of the probate process and therefor is not available to satisfy creditors' claims.

2 people marked this answer as helpful

Is it better to go to an individual estate attorney or one within a large practice that covers other areas re: tax, probate,etc?

As other lawyers have noted, there are other considerations that may be more important. First, pay attention to how you and the potential lawyer communicate. Is he or she easy to talk with? Does he or she listen well? Do you "get" each other? You will have a close relationship with the lawyer, so it is important that you get along well. Second, consider the attorney's skill set and education. It does not matter whether he or she practices in other areas so long as he or she has the...

1 person marked this answer as helpful

Refund on Funeral Expenses

Under the Rules that govern probate in DC, it is permissible to spend up to $1,500 on funeral expenses. More than that amount can be spent under certain circumstances. First of all, if all of the heirs agree in writing and if the estate is solvent (meaning that assets exceed liabilities), then more than $1,500 can be spent. Secondly, if there is a will that permits more to be spent, more can be spent so long as the estate is solvent. Finally, the court is permitted to authorize up to $5,000...

1 person marked this answer as helpful

I preparing paperwork for my dads nursing care. He receives state aid. My mom and I have a savings account together.

David is correct --- it depends on whose money it really is. If it is a savings account that has your name on it just for your parents' convenience (so that you can access money for them, for example), then it definitely is reportable. If, on the other hand, it is your money but you have given access to your mother for some reason, then while your mother should report it, it will not necessarily disqualify your father for benefits. Medicaid rules permit a recipient to have up to $2,000...

Can i be adopted by an american citizen?

Yes, you can be adopted by an American citizen. However, adoption does NOT mean that you will gain U.S. citizenship. You must still take care of that with an immigration attorney. Good luck! Micah Salb Lippman, Semsker & Salb, LLC Protecting You | Protecting Your Family | Since 1972 DC, MD, VA (301) 656-6905

I'm 13 turning 14, I want to be adopted into another family. What are my steps?

The background facts that you have not provided can be critically important and can make a big difference. As a threshold matter, you must have another adult or family which wants to adopt you. That family must be suitable, and the judge will scrutinize the family to make sure that they can do this. This process will include interviews with social workers and the like. For the adoption to happen, the family wishing to adopt you would file a petition for adoption with the Family...

I am thinking about adopting my cousins baby and I wanted to know if I have to have a homestudy? I am in md and she is in fla

You will need a home study --- but state law will generally provide that the court will send a social worker to you to do the home study, so you do not have to pay a social worker to do the home study. You can do the adoption in Maryland or in Florida (it might be easier for you to do it in Maryland, since that is where you are). Good luck. Micah Salb Lippman, Semsker & Salb Serving DC, Maryland, and Virginia (301) 656-6905 Protecting You. Protecting Your Family. Since 1972.