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Inna Fershteyn

Inna Fershteyn’s Answers

177 total


  • Can the executor take anything they want?

    My dad had made a will 15 years ago and put his friend as the executor. Since then there are several items that are not listed on the will. Like the life insurance policy that has me for the beneficiary, but says nothing of that on the will. Can t...

    Inna’s Answer

    Life Insirance is never listed in a will its a non-probate asset. Executor is there to distribute assets not to take them away.

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  • Should a bank account that has both primary and secondary beneficiaries be included in the revocable living trust?

    Will be setting up a revocable living trust to transfer ownership of our home to one of our children.

    Inna’s Answer

    Absolutely yes. If you babe a trust set up you should add all your assets to it to avoid any ambiguities and disputes later. Very simple.

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  • Do we need any licenses?

    Hi, we are setting up a scalable alcohol marketplace where liquor venders can join our website. We charge them a fee for a two year membership and then people can search different kinds of alcohol and buy it directly from the winery or alcohol dis...

    Inna’s Answer

    I would call NY State Liquor Authority and ask.
    www.advanced-legal.com

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  • Can I change my Rev. Trust, Powers of Attorney and Will myself, duplicating my existing documents and making necessary changes?

    I need to update my Living Revocable Trust, Powers of Attorney for Health Care and Financial any my Will, which are several years old, as my life situation has changed. My partner passed away, and my financial situation has changed, including sel...

    Inna’s Answer

    You can't execute your own will yourself. You need 2 witnesses and a notary. Also you can't just draft a new trust with a new date if there is property or assets transfered to an old trust. You need to do an amendment instead. It's not hard and pricey to do one but I wouldn't do it myself to save money. My office charges $500 for an amendment so I doubt that you would pay $2,000 to an attorney who created it.

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  • Can my inheritance from my father be held in a trust until my step mother passes away?

    My dad passed away last week and told his 5 children we had an inheritance. Now his greedy, crazy 2nd wife says it's in a trust and we can't get it until she dies. What do we do now? How do we find out if this is true? She has been terrible to ou...

    Inna’s Answer

    I would ask to see a trust document - It may be the case that everything is in the trust and your step mother may very well spend all while she is alive leaving 5 children with nothing. It means that your father actually thought and did his estate planning and wanted to protect her and her rights. But I would ask to see a trust document or do an asset search to see if assets are actually recorded into the trust.

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  • I need a lawyer that knows about Medicaid.

    My mom and aunt owned a house. I bought my aunt out of her half. Now my mom and I co- own the house. We have co-owned it since last April. My mom has gone through some health issues and is now talking about going into assisted living. If we sell t...

    Inna’s Answer

    Depends if your state has a LOOK Back provision for medicaid. Sounds like you need to do proper Medicaid planning before playing with the house transfer yourself. Find Estate planning attorney

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  • What part of the value of a jointly owned property needs to be applied if one of owners ls applying for Medicaid?

    I have asked this question but failed to give detail and got different answers that contradicted each other. Let me try again. My mom and I bought a condo in 1990. Both of our names have been on the deed for all of those 25 years . She has lived t...

    Inna’s Answer

    I do medicaid fraud work and am in medicaid fraud office weekly. Your question is if she applies for medicaid and doesn't show this condo as her property would she be accused of medicaid fraud? The answer is it depends. If its really just your property than no, we can prove that it belongs to you and her name is just on the deed . But if she is not yet on medicaid, why not transfer deed to your name alone or do some estate planning first like set up a trust? NY doesn't have 5 year look back provision for community medicaid, so it can be done and she can apply for medicaid right after. Moreover, it sounds to me like there is no estate planning in your case as well as property is poorly recorded on 2 names which should not have been on the deed together. Your mom needs proper medicaid planning done.

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  • Ex wife might be committing medicaid/lonestar card fraud?

    I think my ex wife might be lying about her income to get medicaid and food stamps. Her wages by my calculations are about $10,000 higher than the maximum income for eligibility. How can i find out without her knowing? We're in a custody battle an...

    Inna’s Answer

    Maybe you should ask her about it first? I do medicaid Fraud defense work for the last 5 years (when it first started) in New York. I go to medicaid fraud office weekly - as a father you will be legally responsible to pay for their medicaid insurance which was used illegally - it doesn't matter that you are in custody battle, you are still their father and have to legally provide for them if you income is higher than medicaid allowance which is so minimal. You are actually committing fraud too by having your children on public assistance when they are not eligible for it.

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  • How can i protect my property and in case of future. Medical problems

    Property and is about payed fore 40 acres. Want to put in grandsons name.

    Inna’s Answer

    You need to do simple Estate/Medicaid planning. You may not even be eligible for Medicaid but setting up a trust for your grandson is always a good idea.

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  • How to get Guardianship over an Adult.

    My husbands best friend's is a disabled vet and for the last 4 years we have been taken care of him i.e. helping with him to pay his bills (he forgets even with reminders), we drive him to all of his appointments (he can't drive) and we help him w...

    Inna’s Answer

    Its a legal process where you need to file Guardianship petition and prove that your friend is not capable of taking care of things by himself. In NY its pretty complicated and lenthy which I am pretty sure the same story everywhere. I would advise for you to consult a lawyer in your state.

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