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Joseph Franklin Pippen Jr.
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Joseph Pippen’s Answers

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  • As Successor Trustee to Mom's trust (living in Fl) can I give POA to my sister, as 2nd Trustee in NY to close on Mom's NY house

    I am hoping to avoid having to fly back to NY to close on Mom's house there. Can my sister be granted POA to sign for me, since she is listed next as successor trustee in the Trust?

    Joseph’s Answer

    You can resign as trustee since she is the next successor.
    You can easily do closings through the mail(maybe your best choice if you want to remain as trustee).

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  • My mom (who juat passed) has a life insurance policy names my sister as the beneficiary but she in prison now.

    My mom has the sgli insurance from the military and named my sister as the beneficiary. My sister is now in prison for homicide of my mother. I'm wondering what will happen with the insurance. My mom's husband has passed as well and I'm the only c...

    Joseph’s Answer

    Your sister would not receive the death benefit if she is found guilty as explained.
    The death benefit would then be probated in your mom's estate.
    You should take steps now to start a probate proceeding so you can be in charge of the estate.

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  • TOD for Real Estate?

    I have bank accounts and an apartment. My bank accounts are with TOD, do I need to have a will for my apartment, or can I also have TOD for my apartment? If I need to do a will for my apartment, should I not include my TOD bank accounts in my wi...

    Joseph’s Answer

    Best bet-meet with NY attorney to discuss all of your options including a durable power of attorney, health care surrogate, and perhaps a Living Trust.
    You need to consider other options than TOD which only deals with death(not incapacity).

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  • What would happen if one is part of a inter vivos revocable trust and has to be put in nursing home?

    2 sisters has a revocable trust/inter vivos/what would happen if one has to go to nursing home, does one in home have to claim as assets, or is home and accts still protected from nursing home, can nursing home make them pay out of trust acct, wha...

    Joseph’s Answer

    No-they are not entitled to all the assets-your best bet would be visit with a medicaid attorney to learn what assets are exempt and how to qualify for medicaid(if possible).
    The answer to your question would require many facts not pesented in your post.

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  • As executor of my mom's estate, can I be subpoenaed to produce copies of gift checks that my mom gave to my beneficiary sister?

    My sister is threatening to do this since she says she needs them for her divorce to help keep furniture that she purchased using the gift money. It will take a lot of my time to look through all my mom's checks to see if I even have everything my...

    Joseph’s Answer

    i assume you have an attorney for the estate.
    You should take all of you direction from your attorney and
    let him/her deal with the request.
    I assume the gifts occurred while your mother was living and may not be your responsibilty.

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  • Probate outside of Practice

    Can an attorney practice Probate if they do not specialize in that area and still take on a case with no experience?

    Joseph’s Answer

    Yes-so it would be a very good reason to ask attorney about his experience before hiring.

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  • Can my mom disinherite me in the trust but give me money as a gift before dying

    My mom had me sell a home in trust tk pay off lien of another property and gave me the balance

    Joseph’s Answer

    Yes-it's her money/estate-she can do whatever she wants.

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  • When someone applies for Medicaid, and when listing their assets, does the spouse's assets count toward the applicant's total

    What if both names are on bank accounts, and 50% is owned by spouse, does only 50% of all money in accounts count toward the applicant's total assets ? Does spouse's assets like CD's count toward the applicant's assets ? Do you know what max is f...

    Joseph’s Answer

    They look at the assets of both husband and wife.
    Are you talking about one spouse going into a nursing home?
    Many different types of medicaid exist.

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  • If you have a Will and Testament is it required by Florida law that you go through Probate if you have a legal Will & Testament?

    If you have a Will and Testament is it required by Florida law that you go through Probate if you have a legal Will & Testament? I have a Will and Testament. My mothers home was left to me and it's worth less than 56k. Having issue with mortgag...

    Joseph’s Answer

    Summary-probate is necessary to be able to get assets out of a deceased persons name even if you have a valid will.

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  • Does a beneficiary have the right to request from the Executor an accounting of the estate books (assets included)?

    Beneficiary wishes to review investment firm's statements(Morgan Stanley) and also estate checking account to affirm the value of estate when initially set up from date of death to present, of which it has now been over two years from date of deat...

    Joseph’s Answer

    Actually-you have the right without requesting.
    You will be asked to accept the final accounting before the estate is closed.

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