if your brother will not sign the receipt and release, then you should judicially settle the account. this means you will put together the...

I wish to make a will,can i leave nothing to my kids

You can disinherit your children, if you wish to do so. I would recommend writing language that says you disinherit them for reasons best known...

Medicaid eligibility - gifted assets

I strongly recommend you see an elder law attorney. This is fact specific. There are planning issues involved and gifting issues to discuss

Filing for guardianship for elder adult in Manhattan , NY

To find out if somebody already filed, call guardianship part in the county where the incapacitated individual resides. In general, you should...

Is life estate gift?

You have to see whether the trust was a grantor trust. If it is a grantor trust then it is not a complete gift. Even if the gift was complete it...

Revoking a POA and obtaining Guardianship when APS is involved??

At this point you are going to have to bring a guardianship proceeding. However, at this point, since aps is involved, because of the new...

What happens when a beneficiary of an estate dies?

His share of the estate should go to his beneficiaries (if he had a will) or distributees (if he did not have a will)

Should I file a complaint with surrogate or civil court to recover missing estate assets? Do I need a lawyer to do so?

You should request an accounting from the previous fiduciary. You can probably do it on your own, but may benefit from an attorney

How do I go about setting this up this trust?

You can establish a third party SNT You can also set up an account with a pooled trust company. The bigger question is what will happen to...

How will payment back to Medicaid & anything I might receive as executor of estate be determined? How would an attorney be paid?

Medicaid may have a claim on your mother's estate. Medicaid's claim is only on probatable assets. If the house was in her name, and if you file a...