1) In NYS can a beneficiary serve as as Trustee?
My 2 brothers are Trustess on a trust made by my parents was unknown
Ellen's answer
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Answered on November 26, 2009
Yes, in New York a beneficiary can serve as a trustee. The trustees are required to give a copy of the trust to all the beneficiaries. NYS does...
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Mom is 92, just had a stroke, is in a re-hab, Im her health care proxy, and have power of attorney.
Ellen's answer
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Answered on November 26, 2009
You might want to bring the original, if you have it, or a copy of your mother's power of attorney naming you as her agent to some banks in her...
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Can I start a new competing business?
Ellen's answer
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Answered on November 22, 2009
Mr. Wahab's response is totally correct. If you formed an LLC with your friend, there should have been an operating agreement for the LLC that...
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What action can I take on a 25yr old son that makes a point of not recognizing rights of possession?
Ellen's answer
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Answered on November 19, 2009
Might I suggest changing the locks?
If you have told him he cannot come into your home while you are not there, you have the right to call the...
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Is it true that a surviving spouse gets 1/3 of deceased spouses assets?
Ellen's answer
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Answered on November 16, 2009
In New York, if there is a will and the spouse is left out of the will, or disinherited, the spouse is entitled to $50,000 or 1/3 of the net...
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Finding an Elder Law Attorney to facilitate getting my Mother into NYSARC which is a Pooled Income Trust
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Ellen's answer
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Answered on November 16, 2009
I apologize for answering your request for help with more questions, however, I'm not quite sure what type of benefits you are seeking from NYSARC....
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Partnership on Inc? If i form a dba under ABC can someone else form ABC, inc. or will this be available to me later if i inc?
Ellen's answer
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Answered on November 15, 2009
If you don't register your corporation with the NYS Division of Corporations, you risk losing the name. Additionally, you should check to see if...
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Medicaid estate recovery in new york.
Ellen's answer
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Answered on November 15, 2009
Property ownership is a very complex issue when it comes to Medicaid. Without many more details, it is impossible to answer this question. ...
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When a sick parent lives with an adult child and dies without a will who has the right to distribute or keep their belongings?
Ellen's answer
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Answered on November 15, 2009
As the previous lawyer stated, under New York's laws of intestacy, your aunt would have no right to the china. You did not state if your mother...
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How can i get info on how sister(trustee) is spending my sons inheritance.
Ellen's answer
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Answered on November 15, 2009
Without seeing the trust, it is difficult to say what the trustee's obligations are to force her to give accountings. Generally, a trustee has a...
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