Archived
NYS MEDICAID sent letter requesting information so they can retrieve money from my mother's estate. Not set up. what do I do?
Inna's answer
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Answered on April 30, 2017
I am actually handling the similar case now. Medicaid has a right to put a lien on your mom's estate if she was receiving it during her life. ...
Archived
Dad died with will, trust and life ins of 50K. Only ins. left in trust, will this have to go to probate?
Inna's answer
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Answered on April 29, 2017
Completely agree with Michael- sounds like your parents did sophisticated estate planning but not everything went according to plan as assets were...
Archived
LIVING TRUST TAXATION
Inna's answer
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Answered on April 26, 2017
Is your trust Revocable or Irrevocable? if its irrevocable it needs to pay tax on income it made on a separate tax return. If its revocable you...
Archived
Are there any exceptions to becoming an Trustee with a felony?
Inna's answer
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Answered on April 26, 2017
Not necessarily in NY, but it would raise questions in terms of Fiduciary integrity. I would avoid for logistical purposes.
Do I have a right to ask my aging mother to grant me a power of attorney even if she now has a domestic partner and not willing
Inna's answer
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Answered on April 22, 2017
Yep. Sounds like it's a case of elder abuse. Bring your mom to Elder Law Attorney right away and have him/her talk to your mom. And yes file for...
I rec'd gift of equity in NYS by my aunt who sold me her home 3. Yrs ago. She now needs medicaid. Do i have to pay it back?
Inna's answer
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Answered on April 22, 2017
Wow interesting question. Yes 5 years look back provision applies to nursing home medicaids.
My husband died and his family put divorce on the death certificate and we didn't divorce
Inna's answer
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Answered on April 22, 2017
Yes you need to correct death certificate first -check with department of vital records how to do so. Second youneed to file probate or...
Irrevocable intervivos trust
Inna's answer
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Answered on April 22, 2017
I agree with both answers although I think an attorney should review the trust and tell your accountant how it was drafted as accountants are not...
What are my rights as a beneficiary to a Generation Skipping Trust?
Inna's answer
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Answered on March 21, 2017
Hire an attorney and have him request trust documents from trustee. Demand an accounting to be done.
Sincerely,
Inna Fershteyn
Law...
Archived
Has anyone ever dealt with elder financial abuse. My siblings ae persuading my parents to sign documents giving
Inna's answer
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Answered on March 21, 2017
I would get attorney involved and have him contact your relatives on your behalf. That may force them to replan. I am dealing with similar case...
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