Archived
In the state of NY, when a spouse dies leaving a medical debt who is responsible for paying the debt if there is no estate?
Alfred's answer
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Answered on September 30, 2014
Attorney Atchly is correct in his advice. Any liability for the debt will almost certainly fall on the estate of your late husband. If there is no...
Archived
My neighbor has taken approximately 10"in width & 120' deep of my property line by cementing down brick.
Alfred's answer
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Answered on August 24, 2014
You will need to possibly bring an action for a declaratory judgment establishing your easement, if it is not already contained in your deed, and...
NY state trust accounting
Alfred's answer
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Answered on August 17, 2014
If the parties cannot agree on an informal accounting, then a formal accounting will need to be performed.
Archived
How do you do change a trustee of an irrevocable trustee when the trustee dies?
Alfred's answer
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Answered on August 17, 2014
You must first look at the terms of the Trust. If the Trust gives the beneficiaries the right to replace or appoint the Trustee, then you can...
Archived
For institutional medicaid, can assets be transferred from mother to an adult child who became disabled at 35?
Alfred's answer
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Answered on August 08, 2014
The previous responses are correct in that a transfer such as one you have described will not pose any issue for the mother in your example but...
Archived
My mother has an IRA account of $75000 on a monthly payout. She is going to need nursing home care in the immediate future.
Alfred's answer
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Answered on August 08, 2014
In NY, any transfers solely for the benefit of a disabled individual will not result in a Medicaid transfer penalty regardless of when those gifts...
Archived
Received a thirty day notice to terminate month to month tenancy. 3 tenants occupy the premises. Only one listed on notice.
Alfred's answer
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Answered on June 28, 2014
I cannot add more to Attorney Smollens' excellent response. Pay careful attention to what he has said and seek an attorney in your area experienced...
Archived
Hi- my husband has hired an atty and has begun divorce proceedings. I will be applying for medIcaid asap. He has carried me on
Alfred's answer
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Answered on June 22, 2014
If your husband has already commenced a divorce action, he cannot drop you from the insurance at this point. There are automatic orders that go...
Archived
Paying for oiland electricity in a sharing house
Alfred's answer
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Answered on June 21, 2014
A lot would depend in the terms of your lease which should be reviewed by an experienced attorney in your area. During your consultation, there...
Archived
My old divorce attorney will not turn over my file or sign a substitute attorney form. This lawyer was paid upfront.
Alfred's answer
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Answered on June 21, 2014
The only circumstance in which your attorney can withhold your file is where he is owed money on fees. Otherwise he is unable to withhold your file...