Questions answered by David Jay Parker

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What if any, concerns should I have regarding a Law Firm in possession of my fathers WILL but the Attorney didn't know?

David's answer | Answered on November 25, 2015

If the Will was offered for probate then you have to be contacted. If everything passed by beneficiary designations to this woman then you will not...

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My mother died recently in NY. She had accounts in many banks on her name and in trust for children. How can we find accounts?

David's answer | Answered on November 16, 2015

I find a good place to start is her mail and her tax returns. The tax returns will have a list of financial accounts that are generating interest.

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How long does it usually take to end a permanent guardianship?

David's answer | Answered on November 16, 2015

Not exactly sure who is who. Who is the guardian, what type of guardianship However, I will say it is a court process and depending on the County...

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My daughter is moving to the mainland and leaving her baby. How do I get power of attorney?

David's answer | Answered on October 21, 2015

You have to have a power of attorney drafted by a lawyer. She will have to agree to give you the power. I suggest you use a lawyer because they...

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Can an Estate Administrator "retain" a portion of the heirs money in the estate account after the 7 months ? NY

David's answer | Answered on October 14, 2015

A beneficiary can demand an accounting of the administrator. That will force him/her to explain exactly where the monies went. Contact an attorney.

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Taking over Parents finances

David's answer | Answered on October 14, 2015

The only legal way you can get control is a guardianship (It may have a different name in Texas) but that means you must go to court and take...

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Do I have any legal rights to have my mother admitted to a nursing home without her consent? She has fallen and lives alone.

David's answer | Answered on October 12, 2015

You need an elder law attorney. They can figure out how to get her into a nursing home, have the government pay for it and preserve some of her...

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Eligibility for Medicaid?

David's answer | Answered on October 12, 2015

It is state specific. However, even if you are not entitled to Medicaid, go on the state insurance website and apply. Obamacare will provide...

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What is the statute of limitations to collect an inheritance from a father to a son? A sister was the executor of the will.

David's answer | Answered on October 12, 2015

There is no way you can do anything without a lawyer. Start by going to the courthouse (or it may be online) and getting a copy of the Will. The...

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What has to be shown to court as executor of my deceased husbands estate, like after giving money to his child

David's answer | Answered on October 12, 2015

You are going to have to open an estate. Since he died without a Will, he died intestate. Best thing to do is go to the Court in your Count that...

David Jay Parker's Answers (84)

What if any, concerns should I have regarding a Law Firm in possession of my fathers WILL but the Attorney didn't know?

My mother died recently in NY. She had accounts in many banks on her name and in trust for children. How can we find accounts?

How long does it usually take to end a permanent guardianship?

My daughter is moving to the mainland and leaving her baby. How do I get power of attorney?

Can an Estate Administrator "retain" a portion of the heirs money in the estate account after the 7 months ? NY

Taking over Parents finances

Do I have any legal rights to have my mother admitted to a nursing home without her consent? She has fallen and lives alone.

Eligibility for Medicaid?

What is the statute of limitations to collect an inheritance from a father to a son? A sister was the executor of the will.

What has to be shown to court as executor of my deceased husbands estate, like after giving money to his child