Questions answered by Richard Albert Luthmann

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I need legal help to reunite me with assets i cannot locate

Richard's answer | Answered on September 23, 2013

If you had a guardian, then that person should have made an accounting of your assets since he or she was fiduciary. I would start there.

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If you had a lawsuit filed against you, then decide to put assets in an irrevocable trust to protect those assets..........

Richard's answer | Answered on September 23, 2013

Yes, if the transaction is a fraudulent transfer. There are limited exceptions, including transfers incident to divorce. However, I would seek an...

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Can Dad's POA be revoked if he is incompetent and redone?

Richard's answer | Answered on September 23, 2013

If a person is incompetent in New York State, you must undergo the Article 81 Guardianship process to have a guardian appointed. Please note, the...

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An attorney notified beneficiaries of father's N.Y.S. estate as "closed." An investment account remains undistributed.

Richard's answer | Answered on September 23, 2013

Certain assets (like bank and investment accounts) pass under the beneficiary designations on those accounts and not via an estate. Depending on...

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Can my Dad's power of attorney (he signed Feb. 2008) be revoked? It is a durable POA. He wants to redo and add daughters.

Richard's answer | Answered on September 22, 2013

You are raising several issues. First, so long as dad is competent, he can revoke and re-execute a Power of Attorney. With respect to his wife,...

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Unpaid taxes I haven't paid tax on 60k I received from a 401k from my mothers estate in 2009

Richard's answer | Answered on September 22, 2013

Get off the message board and talk to a tax lawyer immediately. You are openly admitting to tax evasion.

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I am an heir in my aunt's will do I have a legal right to ask for all financial transactions that affect the will?

Richard's answer | Answered on September 22, 2013

You should consult with an attorney. You can compel your brother to prepare an accounting of his service as executor.

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Is there any way to avoid paying late fees for taxes that were filed late by my accountant?

Richard's answer | Answered on September 21, 2013

Pay the taxes. Then hire a lawyer to explore a claim against your preparer's errors and omissions policy for you out of pocket for the penalties...

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How to go about applying to be executor if none named on will?

Richard's answer | Answered on September 21, 2013

What does the will say? Are there alternate executors named? If not, then a relative may petition the Surrogate's Court. However, the Court will...

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Need advice on a property matter? Anyone can help? House left to four siblings...3 want to sell...can it be done?

Richard's answer | Answered on September 21, 2013

Approach the one who wants to stay to buy out the other three for fair market value after an independent appraisal. If they disagree, bring a...

Richard Albert Luthmann's Answers (507)

I need legal help to reunite me with assets i cannot locate

If you had a lawsuit filed against you, then decide to put assets in an irrevocable trust to protect those assets..........

Can Dad's POA be revoked if he is incompetent and redone?

An attorney notified beneficiaries of father's N.Y.S. estate as "closed." An investment account remains undistributed.

Can my Dad's power of attorney (he signed Feb. 2008) be revoked? It is a durable POA. He wants to redo and add daughters.

Unpaid taxes I haven't paid tax on 60k I received from a 401k from my mothers estate in 2009

I am an heir in my aunt's will do I have a legal right to ask for all financial transactions that affect the will?

Is there any way to avoid paying late fees for taxes that were filed late by my accountant?

How to go about applying to be executor if none named on will?

Need advice on a property matter? Anyone can help? House left to four siblings...3 want to sell...can it be done?