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Brian A. Raphan

Brian Raphan’s Answers

113 total


  • What if I can't find the original or copy of POA document my parents and I had notarized for me to act?

    Brian’s Answer

    Yes you can get another POA if parents are in agreement to do so. Title Company will record and return.

  • My Mother was going to a group of 3 doctors specializing in urology. She does not care for the last one that saw her.ARCHIVED

    Brian’s Answer

    I agree. Try calling another time and connecting with a different receptionist. One may be more understanding and guide you toward available times for your preferred doctors.

  • Need a medical malpractice lawyerARCHIVED

    Brian’s Answer

    I agree with my colleagues. The details need to be discussed with a malpractice attorney. There's no excuse for bad care, but malpractice may be difficult to prove. Speak with an attorney as soon as you can.

  • What kind of attorney can I get to challenge an lawyer who set up an special needs trust for a child without my knoledgeARCHIVED

    Brian’s Answer

    Your question seems to have been cut off. Additionally, more details would be needed about the relationships and the situation.

  • Is there any source to find out what firms are truly the best of the best in their field? Specifically for trusts and estate.ARCHIVED

    Brian’s Answer

    What is best for one client may not be best for another. Even if success rates were analyzed, fees, or availability, or responsiveness might not factor in. I agree with my colleagues about starting with an Avvo search. You'll be able to get a free consultation. Have some specific details handy, be concise and respectful of the attorneys time and you should get a good gauge of their abilities. Then dig deeper by checking what clients or peers say about them. Best of luck.

  • I would like to apply for Medicaid for my elderly parents. I have a question about assets.ARCHIVED

    Brian’s Answer

    There are different ways to plan and protect assets. More information would be needed so a qualified elder law attorney experienced with medicaid planning can help make an assessment. Do they have other assets aside from the IRA. Also, rules vary by state. Are your parents NY residents? Note that there is a 5 year lookback for Medicaid. Be informed when it comes to the medicaid application process. Accuracy counts. You don't want to find out he or she are ineligible when you are banking on it. Mistakes can be costly. There can be penalties and also delays of the qualifying date. I agree with my colleagues--a consultation will help you. You may even be able to get a brief free consult on the phone if their finances and situation are not too complex. Use the Avvo find a lawyer feature for an Elder Law / Medicaid Planning attorney near you.

  • I need a game plan. What can I do? What kind of attorney handles these cases; Elder Law?ARCHIVED

    Brian’s Answer

    Many good responses here for you. Best if you can solve with out bringing more legal issues or tension into your family--if possible. In any event, more information is needed. An elder law, estate planning attorney can help you and also provide insight to resolve hopefully resolve in an amicable manner. Use the Avvo find lawyer feature for someone near you.

  • In the state of new York how do I get a attorney to distribute monies from a will I keep getting the run around.ARCHIVED

    Brian’s Answer

    It's not clear what kind of run around you have been getting, or the time frame. It can easily take several months or longer to settle an estate. Sounds like the final accounting may have been done but not clear.

  • Suppose a person is the independent administrator of two estates.ARCHIVED

    Brian’s Answer

    I agree with my colleagues. More information is needed for a full understanding. A phone conversation with a probate lawyer will help.

  • I have current poa the past poa is uncooperative about handing over nesessary documants relating to a current lump sum life poliARCHIVED

    Brian’s Answer

    I agree with my colleagues. Take the direct simple path. You'll get the info you need.