Archived
I feel as though our eldercare lawyer set my father up in a program that was not in his or our best interests.
Frank's answer
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Answered on January 31, 2012
It does not sound like the NYSARC trust was explained to you completely or that your father used it for its intended purpose, which was to allow...
Archived
Should I set up a trust..
Frank's answer
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Answered on January 20, 2012
It is very important to seek an experienced elder law attorney as soon as possible. There are a number of possibilities for you to protect your...
Archived
Take her home and money and leave her in a nursing home against her will
Frank's answer
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Answered on January 20, 2012
Unfortunately your question is not clear. An executor is appointed when someone who has a Will dies with assets in his or her name alone. The power...
Archived
I am single and own a home- what do i do to protect it. do i get some type of will or trust? i don't know
Frank's answer
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Answered on January 19, 2012
If you are looking to protect your home in the event of a catastrophic illness (ie, you need long term care either at home or in a nursing home)...
Archived
Can a Trustee of a Trust be forced to provide an accounting of the trust?
Frank's answer
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Answered on January 19, 2012
I am in agreement with the other attorneys. To compel an accounting, which is your right, you will need to commence a legal proceeding and should...
My husband is going into a nursing home , do i get to keep his social security and if he passes away at home , what then.?
Frank's answer
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Answered on January 14, 2012
If your husband goes to a nursing home and you apply for Medicaid for him, you are entitled to keep approximately $2,800 of monthly income. If your...
Archived
House in a Irrevocable trust and grantor passed away
Frank's answer
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Answered on January 14, 2012
If your parents had a life estate, then you will receive a step up in basis as of the date of death of the last to die. So if you sold the house...
Archived
Is it possible to have a will that would penalize those that unsuccessfully contest your will even if they aren't listed?
Frank's answer
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Answered on January 09, 2012
If they are not named then there is no need to penalize them. If they are unsuccessful, the Will stands and they get nothing. If they are...
Archived
Is an attorney compelled to keep a copy of a wll + detailed distribution of properties, and have it upon request by client ?
Frank's answer
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Answered on January 09, 2012
Unfortunately your question is not clear as to what you are asking. Attorneys are not required to keep detailed notes, although it is good...
Can I exclude my son-in-law from inheritance?
Frank's answer
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Answered on January 08, 2012
Your son in law is not a distributee (heir) of yours and has no right to your estate. You do not have to provide for him or even make mention of...
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