Archived
My son is handicapped and my mother put her home in trust for my son, her grandson. What will happen to the home?
Louis's answer
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Answered on September 14, 2015
My advice is very straight forward-get a copy of the trust and retain an estate planning attorney who is knowledgeable in special needs planning to...
Archived
Does the Executor of a large estate need to file a tax return for state & federal? 1st year only or multiple?
Louis's answer
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Answered on September 11, 2015
Since estate should be a taxable Yes contact a probate/ Trust attorney and tax attorney. Every year (not necessarily calendar year) an estate is...
Archived
Mom is 87 and gave each adult child a $100,000 cd. Can this money be taken away by law for any reason?
Louis's answer
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Answered on September 10, 2015
The 1st thing you should do is consult with elder care attorney. Gifts made by an individual during the five-year Medicaid look-back period will...
Archived
While I was in rehab I signed a POA to my Dad. He placed all my assets in a trust. I am not a beneficary. Legal?recourse?TY
Louis's answer
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Answered on September 10, 2015
The first thing you should do is go to trust attorney to review your facts and circumstance surrounding the execution the Power of Attorney (POA)...
How do I appeal the administrator of estate decision?
Louis's answer
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Answered on August 31, 2015
You should retain an attorney to represent you so that an objection can be filed opposing your mother's appointment as administrator.
Archived
How difficult (and costly) will it be to probate an "original" Will when others exist?
Louis's answer
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Answered on August 27, 2015
You have a difficult case and should consult a probate attorney on this matter. In General terms a Will is not valid until the Surrogate issues...
Archived
When someone applies for Medicaid, and when listing their assets, does the spouse's assets count toward the applicant's total
Louis's answer
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Answered on August 25, 2015
My first suggestion is to seek the advice of Elder Law Attorney with specialization in Medicaid application. Most of the time the assets of the...
Archived
I am the executor to my father's estate. I wanted to know when the estate will be disbursed completely.
Louis's answer
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Answered on August 25, 2015
It is best to hire a Probate attorney with Litigation experience to really address your concerns.
Archived
Re: elder law , when spending down to become medicaid eligible, how much can you legally gift to siblings
Louis's answer
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Answered on August 24, 2015
Before you do anything hire an experienced Elder Law Attorney. An elder law attorney with all of your mother's relevant information will be able...
Archived
Is it necessary to file an state accounting with the Surrogate (Suffolk Co., NY) for an estate where the only asset was a condo?
Louis's answer
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Answered on August 21, 2015
A fiduciary can settle her account in any of three ways: by an informal accounting on receipts and releases, by obtaining a decree on the receipts...