In nys what happens when one of the named heirs to a deceased person dies prior to distribution of the assets
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Answered on January 15, 2013
Unless there was a provision in the Will regarding survivorship (ie, that a beneficiary must survive me by 90 days) the distribution is to the...
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Can spouses lose assets to pay for medical care?
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Answered on January 06, 2013
I agree with the previous answers but would add that it is incredibly important for you and your wife to have comprehensive durable powers of...
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In New York, Must witnesses to a will sign an attestation page?
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Answered on January 05, 2013
Although it is good practice to have the witnesses sign the attestation at the same time they witness the will (and gave it attached to the Will),...
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If someone has an IRA in their name and they go into nursing home and become medicaid eligible at death does medicaid take
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Answered on January 01, 2013
Medicaid has a special set of rules for IRA and similar type retirement accounts. However, if the owner goes on Medicaid while retaining the IRA,...
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I have power of attorney for my father, can he revoke it?
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Answered on December 27, 2012
As long as your father is mentally competent he can revoke and or change it. If he does revoke it, he should execute a new power appointing another...
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My dad has the alzheimers and i am the poa can i be put on the deed of the house and his bank accounts?
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Answered on December 23, 2012
You need to immediately consult with an experienced elder law attorney to review your situation, in particular the power of attorney to determine...
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What are some things that a estate planning attorney will discuss with client when making a will?
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Answered on December 22, 2012
An experienced planning attorney will review all of those things with you and understand first what your goals are. There are a number of...
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My 86 year old parents have a bank account with their names and my brother and I as TTEE? was exactly doesn this mean?
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Answered on December 19, 2012
Your question is a bit confusing. "TTEE" is generally short for Trustee, which would mean the account is in the name of a trust. Is so, you need to...
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Can one amend a NY POA executed several years before 2009 without redoing the whole thing? NY law changed in 2009...
Frank's answer
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Answered on December 19, 2012
I agree - the POA should definitely be re-done
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Does the beneficiary of a trust have to pay income tax on the interest he receives?
Frank's answer
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Answered on December 18, 2012
you need to have the trust document reviewed by an attorney and perhaps with the assistance of an accountant to understand the income tax...
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