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Adam R. Gaslowitz

Adam Gaslowitz’s Answers

16 total


  • Does my estranged husband have claim to my inheritance?

    My husband and I were married in MA 17 years ago and have been separated for 1 year. I'm an only child and my mother is very ill. I will inherit her home, stocks, bonds, etc. when she passes. Is my estranged husband entitled to a share of my inher...

    Adam’s Answer

    Inheritance, like gifts, are generally not considered marital property and unless comingled with joint assets, it is unlikely that your husband would be able to gain access to it. Make sure that any inheritance you receive is kept separate from your marital assets in a seperate account, if titled in your name only. You proabbly ought to seek advice from a divorce attorney in your jurisdiction even if you are not ready to go through the divorce process. They will be able to tell you how to best protect that inheritance.

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  • I've taken care of my 10 year old brother for 9 years while our mother is jail. She has been in jail most of my life. I'm 26.

    Legally she can come take him at anytime because she will only give power of attorney. She has 7 kids with unknown fathers that she has never raised. She never saw the kids even when she was out of jail for 9 months. I have my own place and he is ...

    Adam’s Answer

    You may be able to do more than just get guardianship, although that is probably the place to start. However you should investigate, through local counsel, whether sufficient facts exist to permanently terminate your mother's parental rights. Given your mother's history, this may not be impossible.

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  • Does this over power what I already have in place?

    I am the agent for my Moms Maryland Medical Directive and my brother is now filing and started the paper work for him to have guardianship.now what

    Adam’s Answer

    I agree with the previous answer. I would add that what your brother is trying to do is probably unnecessary given the power of attorney you already have. You will need to object or caveat his petition and defend showing the court that while your mom might be incompetent, there is no need for a guardianship since the power of attorney she executed already authorizes her selected agent to act on her behalf. You will probably need local counsel to assist you in fighting your brother in court.

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  • I need some forms that I can't find my parents are terminating guardianship of my son in arkansas where do I get a consent form

    Consent form, Simmonsnoticeto father

    Adam’s Answer

    If the guardianship is in Arkansas, you will need to go through the court in the county where the guardianship is pending. If your son is in another state, you might be able to go to the probate court where you and your son live now, notify that court of the guardianship in Arkansas and have them try and deal with it in the county where your son lives now.

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  • Does a durable power of attorney end when one O Is deceased?

    If I appoint a durable power of attorney and I die. Will this end the durable power of attorney? I live in Florida

    Adam’s Answer

    A durable power of attorney expires at death for most purposes. The exceptions generally are spelled out in the document and largely involve the power to take possession of the body of the deceased and to deal with any autopsy issues that might arise.

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  • Question #9--is there a legal limit (percentage) an administrator can charge an estate for time spent, services rendered?

    I am not the executor of the will; however, I have spent countless, documented hours cleaning the apartment, organizing property, making phone calls and tying up loose ends. My mother (the deceased) left her apartment in total disarray. My c...

    Adam’s Answer

    You need to distinguish between fees for being an executor and compensation for services provided to the estate. You should be able to make claims for payment or reimbursement for any services you provide for the estate and be compensated like any other contractor doing work on property. Unless your cousin objects to compensating you, he should just be able to write you a check from the estate. If he objects, you may have to take your claims to court. Executor fees, on the other hand are governed by the rules of each state and differ greatly from state to state. You'll have to talk to a lawyer in your state or look the rules up in the state code to find out how its handled where you live.

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  • How Does One Obtain Letters of Guardianship of Minors Estate? I was told that it was possible and simple. But, How?

    While my husband was living he brought home one day insurance forms from his job. He and I both filled out the forms to the best of our knowledge at the time, without seeking legal advice. However, we listed on the form my name first and the names...

    Adam’s Answer

    You may be able to handle the process yourself. It depends on which state you are in. I would start by going down to the probate court and explaining why you need a guardianship of the property of your minor children (sometimes called a conservatorship.) You'll have to file a petition in the probate court and there may be other hoops to jump through. You may also have to have a bond posted to make sure the assets of your children are protected.

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  • Stepmother filed my Dad's intestate probate in 9/2002 and omitted my name as heir-at-law. Do I have a case?

    My Dad died in December 1996 but his wife didn't file probate until 9/2002. She claimed he did not have a will. She did not list my name as heir-at-law on the form but listed herself and her two children by my father. There were two parcels of...

    Adam’s Answer

    If you were never notified of the probate, it may not be binding on you. The rules for what happens when someone dies without a will vary from state to state, but they generally provide that your estate is split among your surviving spouse and children. Check the probate court file and make sure you were never notified. You probably have a claim and may already have an interest in your dad's property. However, you are probably going to need an attorney to open up the probate and remedy the problem. I would not delay doing something, now that you have knowledge of what your step-mother did.

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  • We did a Living Trust in 1990's when we lived in California and we now live in Washington State.

    Trust is also not up to date on other information What do we need to do to get it updated with current information and to make sure it will be valid in Washington State.

    Adam’s Answer

    Amending a living trust can be fairly simple, but to make sure you comply with Washington's laws, it will probably require a local lawyer to review the document, make sure it is valid in Washington (it probably is if it was valid in California) and write up the details of the amendment you wish to make to the trust.

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  • My brother's son is currently under the guardianship of his maternal grandmother. Is it possible to ask CPS to transfer to me.

    My Brother's son is currently under the guardianship of his maternal grandmother. If she doesn't have the childs best interest at heart is there anything we can do at CPS to transfer guardianship to me. My brother actually wishes to sign over cust...

    Adam’s Answer

    It is certainly possible. You would have to go to the same court that appointed the grandmother as guardian and seek to have her removed and you substituted in her place, unless she is willing to voluntarily step aside. Usually, the courts won't involuntarily remove someone who has been appointed unless there is good cause to do so. This would require filing legal proceedings and you'd probably need an attorney to help you try this case in court.

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