Archived
Can beneficiaries attempt to get a monetary gift that was given to another beneficiary before the death?
Regina's answer
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Answered on August 27, 2015
How close to your grandmothers death did you receive the gift?
Do the other individuals feel that there was coersion?
Technically they may be able...
Archived
We are creating an online will in New York State. It says to have two witnesses. Is this in addition to a Notary?
Regina's answer
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Answered on August 27, 2015
You need two witnesses to execute the will.
The reason you need the notary is for the self proving affidavit.
The notary will notarized the...
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Archived
Re: elder law , when spending down to become medicaid eligible, how much can you legally gift to siblings
Regina's answer
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Answered on August 24, 2015
You should speak to an elder law attorney asap. In general gifting is not permissible. However there are different planning strategies that could...
Archived
TOD for Real Estate?
Regina's answer
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Answered on August 24, 2015
A divorce will sever your ex-spouse's rights to your property.
You can do a will if you want to have specific instruction for what to do with...
Archived
Is property given to a beneficiary some years prior to the death of their parents still part of the legal terms of the will?
Regina's answer
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Answered on August 21, 2015
was the asset transferred prior to death?
if so, then it is not going to be governed by the terms of the will.
it does not matter when the will...
Archived
Can I request an adjournment for guardianship proceeding for elderly mom?
Regina's answer
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Answered on August 17, 2015
You have a fact specific question and I highly recommend you speak with an attorney.
Which judge do you have?
When is the hearing?
You may...
Archived
Is there a time limit to how long probate lasts (NY)?
Regina's answer
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Answered on August 16, 2015
Need some more facts: was the asset a piece of real property?
Were there restrictions On letters?
Was probate commenced?
Was estate account...
Archived
How do i get information about who the trustee is for a will when someone dies
Regina's answer
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Answered on August 13, 2015
review the will. it should say in the will who is the trustee. if the will does not say, you may need to do a construction proceeding to appoint a...
Archived
What rights do I have as Power of Attorney after the Principal passes if the wishes of the Principal were being pursued?
Regina's answer
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Answered on August 13, 2015
As a power of attorney, your authority extends only to the person who gave you the power and only so long as they are living,
The sister would...
Archived
How can I gain control over my brother's assets?
Regina's answer
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Answered on August 12, 2015
If he does not have capacity then you have to bring a guArdianship proceeding. If he does have capacity consider doing some very quick estate planning
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