My mother in laws boyfriend just passed away and he left the to her in the will and the home is under contract to be sold. She contacted the real estate attorney and he stated she needs a letter of administration and the executer of the will which...
She inherited the house through the will. However the Will needs to be approved by the court and then the house can be sold by the executor appointed by the court. She should consult with a lawyer as soon as possible. She will probably need the lawyer's help, especially to make sure that the house is not sold to someone by the deceased's next of kin.See question
I know there are several exclusion, but specifically for having money sitting in the bank, how much are you allowed to have if you apply for Medicaid in NY after the age of 65?
$14,850 plus your house, subject to an equity limit. This includes not just money in banks, but all assets except retirement accounts (assuming you are withdrawing the required amount from the retirement accounts).See question
My dad is bed bound, cannot transfer, and needs full assistance will all of his ADLs. He only has Medicare. My mom has in her name only, their savings of about $160,000 and the house. Their only income is my dad's social security retirement. My mo...
Yes, spousal refusal is applicable to community Medicaid, and Suffolk County has not been known to go after the refusing spouse. Of course, that might change. They don't have to wait until your parents die in order to try to reclaim from the refusing spouse. The issue of whether a trust is appropriate is more complex. You should consult with an elder law attorney.See question
In New York State, is 401K accountable asset for medicaid eligibility? Thanks!
It is not a countable asset in NY if the maximum required annual distribution is being taken (which is countable income).See question
I am getting ready to close a all cash purchase on a property and suddenly my title insurance company is now asking for property survey. Is it required for title insurance in NY or is it nice to have?
It is not required, but it is a good idea, especially if there are fences on or near the property line, or there are structures on or near the property line. If there is no survey guaranteed to the title company, the title company will not insure against any problems that might arise because of such issues, or anything that a survey would have shown. There is a concept called "adverse possession", which could result in you losing ownership of a portion of the property if there are any such issues. Adverse possession is a complex legal issue that is beyond the scope of a simple answer on line. I recommend buying a new survey, unless there is a current usable survey.See question
Mother in law owns-home in NY(we live in)-Condo-N.C.(she's in)-many assets,Excellent pension/Health Ins. Diagnosed-Dementia 2+ yrs ago. Church she attends,Owns several nursing homes-Independent living-Condos-& convinced her into selling & giving i...
This is a classic case for a guardianship. Based on your description, it sounds like she is being taken advantage of. If a guardian is warranted after a full evaluation, the court will appoint someone to represent her best interests. You may contact my office for an appointment if you would like to discuss this further.See question
This property. What part of the value of property must be applied to pay for Medicaid services?
If you have lived with your mother and provided care for her during the two-year period before she entered a nursing home, transfer of ownership to you would be exempt for Medicaid purposes. You should consult with a Medicaid qualified attorney to help you with this.See question
On the original deed for my parents home, there were 3 different owners with an equal share ( 1/3 each). My parents, my grandparents, and my uncle. My parents are both deceased now, my grandmother signed her share over to my uncle when my grandf...
You really do need an attorney to determine how title was held, and to draw a new deed properly. Assuming that the two sets of spouses each held title as tenants by the entirety and all shares were equal, your uncle now would now own 2/3 and you and your siblings would own 1/3. That is, unless one of your parents had a will that otherwise transferred ownership of their share(s).See question
Is a deed recorded enough or do I also need the mortgage recorded? Is there a difference? I'm trying to protect my promissory note.
You definitely need to record the mortgage in order to protect your loan. the mortgage is notice to the world that you have a lien on the property. A mortgage tax will need to be paid.See question
Probate attorney was holding money in escrow and took the balance of their fees from it without our consent.
It depends upon what the escrow agreement states. More information is needed.See question