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My mom left a house and small bank account. Will states house to be sold . Can Bk. Acct. Be disbursed before house sells.
James's answer
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Answered on October 17, 2012
The house is an asset of the estate. The executor has a fiduciary responsibility to the beneficiaries to maintain the house and pay the bills until...
Can I disinherit a child in New York?
James's answer
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Answered on October 15, 2012
The Will is not "invalid" per se. You can disinherit your child if you so chose. However, keep in mind that your child will have standing to...
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Medicaid and medical malpractice lawsuit
James's answer
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Answered on October 15, 2012
Medicaid could claim a lien on the proceeds of your father-in law's lawsuit for payment of medical treatments rendered to HIM- not her. However,...
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Is it necessary for me to pay my doctors to testify at hearing or are they subpoenad.
James's answer
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Answered on October 12, 2012
If subpoenaed, the doctor is not required to give any expert opinion testimony ( for example as to the permanency of your injury or the percentage...
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I want to contest my mother's will
James's answer
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Answered on October 12, 2012
As one of your mother's heirs at law, you will have an opportunity to file objections to the Will. In New York you have three potential...
Archived
Can I sue my pediatric doctor for wrong treatment to 9 yrs son?
James's answer
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Answered on October 12, 2012
You may indeed have a claim for medical malpractice. However, your claim for damages is limited. Fortunately for your son, he suffered no...
Archived
Does any money made from the sale of items from a person's estate have to be turned over to the estate?
James's answer
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Answered on October 11, 2012
The money you make on the sale of the personal property is an asset of the estate and needs to be deposited into the estate account and distributed...
Archived
If decedent's bank account's title wasn't added to her trust but pour-over will states all moneys are in trust, is it in trust?
James's answer
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Answered on October 06, 2012
If the foreign bank is willing to disburse to you... who cares???? Path of least resistence. The only opinion that matters is the foreign bank....
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Assets which weren't distributed at probate (New York City).
James's answer
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Answered on October 06, 2012
If the funds are titled in your mom's name, they are probatable assets. The executor would need to open up the probate, obtain the assets and...
Archived
Estate - credit card
James's answer
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Answered on October 05, 2012
Quite simply, the money charged by your brother for his pesonal use should be paid back to the estate. The estate is a creditor of your brother....
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