Archived
How do I protect family assets from medicaid/nursing home costs? Can the adult child serve as caretaker for sick parent?
Joseph's answer
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Answered on September 06, 2011
1. If less than 5 year window, only some can be protected. Common method is gift and promissory note combination.
2. Yes. If child lives in...
Selected as the best answer
Archived
Severely injured in a parking lot of a restaurant. Can I seek recovery from the restaurant?
Joseph's answer
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Answered on September 06, 2011
You certainly might have a good case. Photos will be essential. Eyewitnesses will be helpful. The exact condition that caused you to fall is...
Archived
My aunt and uncle are in a nursing home and I need to get perof attorney. I am the only one who has cared for them.
Joseph's answer
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Answered on September 06, 2011
She can only make you agent under a POA if she is competent to do so. You should hire a lawyer. See link below.
Archived
What are alternatives to nursing homes/medicaid pillaging parents savings?
Joseph's answer
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Answered on September 06, 2011
Short answer: Yes.
Two years of living in home and taking care of parent right before a nursing home admission: house can be transferred to you...
Archived
My deceased mom was recently named in her uncle's will. Does her husband or children receive her inheritance ?
Joseph's answer
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Answered on August 31, 2011
Unless the Will states otherwise, her husband does not receive it. Likewise, unless the Will states explicitly or implicitly that her children will...
Archived
How can I receive my deceased husband's share of the house he owned with ex wife?
Joseph's answer
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Answered on August 31, 2011
A lawsuit for 'partition and sale' would be your remedy, but "if she decides to sell the house" language could give you a problem. A judge could...
Archived
There is a will.. All monetary assest are to be shared by five siblings . The house is left to one sibling .
Joseph's answer
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Answered on August 24, 2011
This is a standard probate because there is real estate involved. The fact that the liquid assets are under 30,000 does not matter. A guardian will...
Archived
When a couple lives together and has a child and one person passes awayan who is entitled to all properties?
Joseph's answer
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Answered on August 22, 2011
If you were not married to her you have no right to her property in probate. It all goes to her children equally. You might be considered half...
Probate - Can emails be used in Probate court?
Joseph's answer
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Answered on August 21, 2011
It is up to the Surrogate in the county where the will is being probated. If the judge is satisfied that the email and it's address are valid and...
Archived
What does this mean? Can someone explain this, what right does it give the executrix?
Joseph's answer
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Answered on August 18, 2011
"Fullest power, etc" essentially means all power that NY law gives. The rest doesn't change that. If you want a greater explanation, feel free to...
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