How would I compel an accounting as the beneficiary of an irrevocable, inter vivos trust in New York State?
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Answered on September 16, 2013
The Surrogate's Court does have jurisdiction over a lifetime trust and it would be the proper court to compel a trustee to account. Take a look at...
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Thinking of doing an irrevocable trust instead of revocable. What are advantages/disadvantages.
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Answered on September 12, 2013
Revocable trusts and irrevocable trusts are typically implemented to accomplish different objectives. Irrevocable trusts, in of themselves, do not...
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What is the difference between Life Estate and Irrevocable Trust in regard to a home
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Answered on September 10, 2013
An individual who owns a life estate in real property (here, the mother), can, at most, sell her interest in the property, meaning the life estate....
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Who to go to for resolution of a will settlement when a sibling misused parents fund through POA .
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Answered on September 08, 2013
There are typically two avenues to deal with a fact pattern such as the one you describe. The first would be to demand an accounting from the POA....
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Can a husband transfer the deed to the family residence, held only in his name, to his living trust to give to his children?
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Answered on September 04, 2013
When it comes to inheritance law in New York, it generally does not matter whether one party owned property prior to marriage. You might be...
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In NY, does state put lien in the house when mom goes to nursing home?
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Answered on September 03, 2013
Medicaid cannot place a lien on the Medicaid recipient's home as long as the Medicaid recipient's spouse is living there. If the spouse goes into...
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Does Medicaid still have to be paid back if recipient pays every month from their social security check?
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Answered on September 03, 2013
When it comes to Medicaid, there is a distinction between becoming eligible for Medicaid and Medicaid's ability to recover the costs of care...
How do i verify that a power of attorney document exists?
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Answered on August 31, 2013
There is no way for you to verify the existence of a power of attorney because it is not a public record. However, your sister will not be able to...
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Is there a way I can claim my deceased boyfriend's real estate property if none of his relatives step forth and claim it?
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Answered on August 30, 2013
Not really. Even though your boyfriend's relatives have not claimed the property yet, it still passes to his next of kin. If they never end up...
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If someone dies in New York does a will have to be filed with the court or are there circumstances when it does not?
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Answered on August 30, 2013
When a person passes away, their assets can be transferred to their heirs in a number of ways. If the asset is titled in the decedent's name...
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