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What happens to the estate/assets of a married couple who live in NY, die together and have no children and no will?
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Answered on February 17, 2013
New York intestacy law dictates eho inherits when there is no will. In your example your parents would be next in line, the your siblings (or...
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Can any revocable trust, even if worded correctly, ever protect assets from Medicaid?
Frank's answer
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Answered on February 14, 2013
Revocable trust cannot protect assets for the person who set up the trust (or their spouse). If you are concerned about asset protection you should...
Archived
Not sure if I need another attorney? My father wants to tranfer my childhood house in my name .
Frank's answer
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Answered on February 12, 2013
You need to speak to an estate attorney. Did your mother have a Will? Since she owned the house, when she died it became part of her estate and you...
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I am one of three trustees of a trust with a value of $18,000,000. The trust is silent regarding payment of trustee fees.
Frank's answer
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Answered on February 10, 2013
If the trust is silent on trustee commissions then you should be entitled to it. There is a statutory formula in New York for commissions
Archived
If my elderly parent refuses mine, my sisters, or anyone else's help, assistance or care, how do I protect myself?
Frank's answer
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Answered on February 10, 2013
Generally, children are not legally responsible for their parents unless you become the legal guardian. Even with a health care proxy or a power of...
What should I do if my first name is misspelled in my friend's Last Will and Testament.
Frank's answer
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Answered on February 10, 2013
Ideally if your friend is still living he should revise his will to correct your name. If he has died already, then if you are sufficiently...
Do bank accounts with beneficiaries or state "ITF" supersede a will naming a person to receive all assets
Frank's answer
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Answered on February 09, 2013
Great question because this is something that is often overlooked. The answer is yes, so it is very important to look at beneficiary designations...
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WE BOTH MADE A WILL IN THE EIGHTIES LEAVING THE ASSETS TO EACH OTHER UPON DEATH
Frank's answer
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Answered on February 06, 2013
You made a joint will? Or are you looking for his will? If you made a joint will, you need to execute a new will. If you are looking for his will,...
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Archived
Father in nursing hone applying for Medicaid mother wants to pay for burial costs now would this be a bad thing
Frank's answer
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Answered on February 06, 2013
There is no problem with her prepaying her funeral.
Archived
ONE SETTLOR DECEASED OTHER IN NURSING HOME IRREVOCABLE TRUST HAS RESIDENCE DOES THE NURSING HOME HAVE INTEREST
Frank's answer
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Answered on January 19, 2013
There are a number of factors. When was the trust established? When was the home transferred to the trust? What does the trust say as to if/how...
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