How long does it take to have someone appointed as executor of an estate in New York if the deceased passed away with no will?
Sharon's answer
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Answered on April 06, 2011
I am a NY lawyer. I would say that this answer varies from county to county and will depend on which county the decedent was domiciled in at the...
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Is it illegal to take a person out of a nursing home, who has alzheimers, to obtain poa?
Sharon's answer
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Answered on April 04, 2011
I am a New York lawyer. Once a person has alzheimers, he/she is not legally capable of executing a power of attorney. There is a standard for...
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How long does one have to bill for any charges on nursing home care once a person is deceased?
Sharon's answer
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Answered on April 03, 2011
I am a New York lawyer. In New York, a creditor has 7 months from the date of issuance of letters testamentary or letters of administation or the...
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I am 62 years and disabled. I live with my mother who is 88 and she owns the house we live in. I do not own the house but have
Sharon's answer
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Answered on April 02, 2011
I am a NY lawyer. The only person with any discretion to sell the house is the person whose name is listed on the deed. Despite the fact that you...
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Can I get my deceased husbands pension even if he didn't put my name on the pension document?
Sharon's answer
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Answered on April 01, 2011
This depends on whether or not your husband's pension was governed by ERISA. If it was, spouse's are always protected. Often times the intake...
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My mother in law has moderate stage alzheimers and my husband is her health care proxy. When her daughter starts visiting and
Sharon's answer
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Answered on April 01, 2011
I am a NY lawyer. This would not be the type of power an agent would have in a health care proxy. I would advise your husband to consult a lawyer...
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My mom has passed and im not sure what im supposed to do?
Sharon's answer
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Answered on March 31, 2011
The first thing to do is figure out whether she died with a will or not. If she did, the executor should begin a probate proceeding and will deal...
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What happens to the debt?
Sharon's answer
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Answered on March 30, 2011
I agree with the advice you have gotten. However, I would like to add that I always advise petitioning the court to become the administrator as...
If the owner of an annuity or CD dies does the named beneficiary have to go through probate to get the money?
Sharon's answer
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Answered on March 29, 2011
If you are the named beneficiary with the financial institiutions propoer paperwork designating you, then no need for probate. Simply go with a...
In NY, How long do you have to sign a Waiver of Process and/or Consent to Probate before they schedule a Court Citation?
Sharon's answer
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Answered on March 29, 2011
I am a New York lawyer. The answer depends on which county in New York you are referring. While there is no statutory amount of time, some...