Archived
Do I have the obligation to notify his attorney of his incompetence? Does a judge have to declare him officially incompetent?
Patricia's answer
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Answered on May 01, 2016
You should request that your father's doctor memorialize his capacity concerns in the medical record. In addition request a letter from the...
Archived
I would like to audit the finances, a Court could remove him from this position?
What can I do, and where might I read more?
Patricia's answer
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Answered on April 23, 2016
Yes, a court can remove a Trustee or Power of attorney who is acting improperly and the Trustee can be compelled to do an accounting. Is your...
Archived
Is the guardian legally responsible for any payments that was supposed to go to his/her ward that wasn't?
Patricia's answer
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Answered on April 18, 2016
I am not sure that you are asking a specific question. Your posting seems to addressing your dissatisfaction with your father's guardian. Is your...
Archived
Is it to late to do anything
Patricia's answer
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Answered on March 22, 2016
We need to know more about your matter. Are you saying that the will was brought to probate in 2015? Whether or not it is too late to take action...
Archived
Mom in nursing home,what will happen with pending guardianship decision since mom died before judge rendered a decision?
Patricia's answer
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Answered on March 21, 2016
There are many factors and situations that may have occurred. Was there more than one hearing? Was a temporary guardian appointed? Did the judge...
Archived
Can I contest a will and win?
Patricia's answer
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Answered on March 19, 2016
First I am sorry for your loss. Second it sounds as if there may be questionable issues regarding your mother's. You did not address where and...
Archived
Will surrogate court still recognize me as one of my father's heirs even though I signed this form?
Patricia's answer
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Answered on March 06, 2016
You have not given up any rights as an heir by agreeing that your sister's guardian could act as administrator of your father's estate. That said,...
Archived
What sort of lawyer should I look for to help us learn more about how to protect him and potential legal action we can take?
Patricia's answer
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Answered on February 21, 2016
You mention billing irregularities but not whether or not your father is on medicaid, however I would suggest that you consult with an elder law...
Archived
How will I be able to find out if his SNT fund goes to his estate or back to the city
Patricia's answer
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Answered on February 15, 2016
While I agree with my colleagues and the answers you have received so far - you also noted that the guardian "was changed" in 2005. Each outgoing...
Archived
Estate is in New York. How do I get my brother to give control to alternate trustee, can I get trust monitored, & how much $
Patricia's answer
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Answered on February 10, 2016
You have stated that the estate has entered probate - have letters testamentary been issued? Did your mother also nominate him to be the trustee...
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