Archived
If I sign a waiver form to a will executor so I don't have to appear in Surrogate Court,am I officially surrendering my benefits
Stephen's answer
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Answered on December 01, 2015
You would not be surrendering benefits by signing the waiver. What you would be doing is agreeing that the will should be admitted to probate. So...
Archived
What am I entitled to in a No-Fault Accident where evidence of a fracture was found 6 months later.
Stephen's answer
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Answered on September 09, 2015
I agree with most of the answers above. However, as a avid road cyclist myself, I empathize with your position. Regardless of whether you may have...
Archived
Do I have standing or grounds for legal action? (Injured right foot/torn ligament while walking on uneven and broken sidewalk)
Stephen's answer
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Answered on September 03, 2015
It sounds very likely that you have grounds and may have a cause of action against a municipality. However, if this happened on 6/9 as you state,...
Is a property given to a beneficiary years prior to the death of their parents still considered to be part of the estate?
Stephen's answer
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Answered on August 20, 2015
Condolences on the loss of your parents.
As usual, the right answer depends. If the property transferred went to the same beneficiary in the...
Archived
Can I request an adjournment for guardianship proceeding for elderly mom?
Stephen's answer
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Answered on August 17, 2015
Short answer = of course.
I don't think you even need to rely on the SCPA. I'm you, I would speak to the interested parties, figure out if it's...
Archived
How much can you paid someone to be a guardian?
Stephen's answer
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Answered on August 03, 2015
The best answer is, it depends. According to NY guardianship law, a court can approve "reasonable compensation."
Typically, guardians will...
Archived
Can my niece get guardianship of my 93 yr old mother.
Stephen's answer
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Answered on July 30, 2015
Your niece has a legal right to file for guardianship. However, if she petitions a court to become guardian, she will have to put your mother's...
Archived
Is it necessary to hire an attorney to get guardianship for an incompacitated adult in court?
Stephen's answer
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Answered on July 20, 2015
You do not need an attorney to commence an Article 81 guardianship proceeding. However, note that if you do hire an attorney AND you're appointed...
Is nephew considered as a distributee of an estate?
Stephen's answer
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Answered on June 30, 2015
I think it depends if either of Mary's grandparents are still alive. Assuming no, then yes, the nephew is very likely a distributee.
Also,...
How long does NY state(HMS) have to file a claim for Medicaid estate recovery?
Stephen's answer
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Answered on June 28, 2015
The simple answer is that Medicaid has 6 years to collect although how long ago the services were provided and your mother's age at the time the...
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