Archived
How long does it take to get judicial approval to disburse estate funds. I've been waiting 6 months and still no date set.
David's answer
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Answered on October 12, 2015
Its tough to second guess another attorney from a distance. I will say that each court moves at its own pace. Its always best to find an attorney...
Archived
What can I do with a house with a life estate when the person who transferred lives in an assisted living facility ?
David's answer
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Answered on September 29, 2015
This is more of a real estate question. Usually the life estate holder has to pay the taxes, if they are not paying you can sue and/or terminate...
Archived
My mom's house was left to seven kids to be divided u equally,my sister and I were named co,-executors,my sister took out a loan
David's answer
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Answered on September 29, 2015
If you are co-executor, she shouldn't have been able to take a loan without your approval. You are going to have to go to a lawyer and sort this...
Archived
My son is handicapped and my mother put her home in trust for my son, her grandson. What will happen to the home?
David's answer
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Answered on September 11, 2015
It depends what the trust says, but presumably if it is in trust, the house never goes in your son's name. Not sure what your concerns are. Are you...
Archived
How to know for sure if you have a trust with no proof of paperwork
David's answer
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Answered on September 11, 2015
Some states require that you file the trust or evidence of the trust with the county clerk. You can also try the lawyer who you believe set it up....
If 2 executors to a will are unable to agree on how to divide the assets, what would happen at that point?
David's answer
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Answered on September 03, 2015
Are you saying she wrote a Will and did not say how to divide her assets? If you are the only child, I would challenge the Will but you will need...
Archived
I co-purchested my home with my elder mother. 50/50. 4 years ago we put deed in my name. i live there can medicare claim it?
David's answer
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Answered on September 03, 2015
After 5 years (60 months), Medicaid deny payments based on assets that were transferred. Has she already incurred bills?
Archived
Can I have medical rights to my elder father's care if he is married?
David's answer
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Answered on July 16, 2015
You need community Medicaid which means that New York State will pay for care in the home. If Medicare is paying for the rehab, at some point in...
Archived
Is it advisable to have one of your children on your checking account?
David's answer
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Answered on June 29, 2015
If we are talking about your day to day checking account to help you pay bills, it should be fine. As long as you consider the opinions of your...
Does NY state(HMS) have 6 years to make a Medicaid estate recovery claim if an estate has been closed?
David's answer
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Answered on June 29, 2015
If you received notice of the claim within 7 months of the probate then the executor is required to pay the debt or contest it.
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