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Matthew Lenza

Matthew Lenza’s Answers

47 total


  • I don't know where to start, I have no money, I live in a different state, How do I file charge of fraud ,abuse, embezzlement?

    Mom & dad set up & executed a Revocable Family Trust in 1993 naming my brother and I 50/50 trustee's, 1994 1st amendment, they added a no contestant clause. Mom dies in 2001. According to the Atty. That's when everything in, the Trust started...

    Matthew’s Answer

    Mr. Rinaldi is right. In theory, the grantor in a revocable lifetime trust can make any changes that he sees fit until he passes IF he retains the mental capacity to do so and was not coerced into making said changes.

    You could have other issues too, such as elder abuse, etc.

    Consult a local elder law attorney. Seek one in your jurisdiction who offers free consultations and you should be able to get some jurisdiction specific answers.

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  • Please help, I need to know if this is legal...

    I had insurance through Independent Health Medicaid, specifically through the NYS of Health Marketplace. I got a letter from the NYS of Health saying to call them by November 15, 2015 to renew my insurance and redetermine my eligibility for covera...

    Matthew’s Answer

    Todd is correct. You need to bring all of the paperwork to an experienced attorney who will review it and let you know exactly what is going on. If you weren't notified of the cancellation before November you seem like you might have a good argument but again- you NEED an attorney for this.

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  • Can I serve as a trustee for my own Irrevocable trust (kids beneficrs) not losing trust assets protection against MY creditors?

    No creditors now or in foreseeable future. Kids are beneficiaries(10,4,3). But in case,... would it be considered that I still retain control if I am Trustee for irrevocable trust (I am also settlor), thus my creditors could reach trust corpus or ...

    Matthew’s Answer

    I can't speak to how this would work in California, but I believe the answer will be the same as it is here in NY.

    No you cannot be the trustee of an irrevocable trust and still retain the benefits that you describe.

    Speak with a local attorney to be sure.

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  • What happens to money in joint financial accounts, if both die,& other assets are in a Living Trust?

    . Here is my issue in a nutshell. My husband and I have no children. We have a Living Trust that includes our paid off home. Our Trust is the secondary beneficiary on our life insurance policies and Roth IRAs, if we both die at the same time. What...

    Matthew’s Answer

    Both attorneys above are correct. Accounts of any kind not placed into the trust or with the trust designated as a beneficiary must pass through probate.

    By not having the accounts in the trust you are defeating one of the main advantages of a Lifetime trust, which is probate avoidance.

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  • Just wanted to know if I could give a power of attorney to my brother so he can act in my case

    So i am getting a divorce with my wife but she is causing delays is getting the paper's because she knows I am leaving the country .

    Matthew’s Answer

    Robert is correct. For representation in your divorce you need an attorney. To have someone handle your financial affairs you can appoint your brother as POA.

    Good Luck!

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  • What state must I hire an atty in first.

    My aunt died in New Mexico after living there 3 years. There is a bank account in New Mexico but she also has a home in Calif and I see it is a Calif Trust that I am named Trustee of. Do I have to get a New Mexico atty , a Calif Atty or ...

    Matthew’s Answer

    Marty is correct. CA First then Ancillary in New Mexico

    Good Luck!

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  • Would I need papers done. She would still be in school?

    I have a niece that is dieing from cancer. She has a daughter that's 17 soon to be 18. If she lives with me do I need to have any papers done. There is no money my niece is poor.

    Matthew’s Answer

    How soon is she going to be 18?

    Remember that a guardianship proceeding, even if it isn't contested, will take a certain amount of time.

    You might be just spending time and money to accomplish something that ultimately won't be necessary.

    I'd say call a local family law attorney and explain the situation.

    Good Luck!

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  • I need to get power of attorney but she will not sign anything over to me.

    My mother is turning 90 in February. My daughter stays with her at night. She refuses to leave her home but cannot do anything for herself. She is starting to do crazy things and she has no power of attorney. I am executor of her will but not pow...

    Matthew’s Answer

    Edward is right on the money. Your situation is unfortunately not uncommon and the answer is to seek a Guardianship.

    Good Luck!

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  • Do I have to file taxes for my 89 year old mother

    My mother is 89 years old. She entered a nursing home in NJ Nov 2015. She owns a condo which I had to list for sale for Medicaid purposes. Do I need to file taxes for her. Someone told me once a person is in a nursing home they no longer have to f...

    Matthew’s Answer

    Andrew is right- CPA's deal with these questions.

    I believe that you do have to file a return if your mother still meets the basic income eligibility standard set by the IRS for anyone but that certain Nursing Home costs may be deductible.

    Definitely reach out to a CPA on this one.

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  • How do I go by filing for immediate custody or guardianship of my nephew? Do I have to have an attorney?

    My brothers baby mama came and was staying with me then she left one day and left the kid in my care. I've been taking care of him since November then yesterday my brother jumped on me and took my nephew. Now my brother have been living with me bu...

    Matthew’s Answer

    I'm terribly sorry that you find yourself in such a messy situation.

    This isn't a DIY project, as you have 2 living parents who you are trying to take legal guardianship away from.

    That being said, I want you to understand that with the proper counsel you can in fact accomplish what you want to do.

    You absolutely should call an attorney. The sooner the better.

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