Archived
'loving trust" co trustee diminished mentally
Bryan's answer
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Answered on August 17, 2014
A “loving trust” is another name for a revocable living trust. A person who has a mental or physical disability that prevents the person from...
Archived
How do you contest assets of an estate? I believe bank accounts were depleted prior to the will being probated.
Bryan's answer
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Answered on August 17, 2014
You should consult with a probate attorney who handles contested proceedings.
Archived
My estate is worth less then 5,000,000. Should I meet with an Eldercare lawyer? I am 75 yrs and retired.
Bryan's answer
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Answered on August 16, 2014
Everyone should have an estate plan. The content of your plan will depend on your assets and circumstances. It will specify who should receive...
Archived
I paid deceased father's bills, until Estate was established. If no more bills come in, when can I distribute remaining assets?
Bryan's answer
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Answered on August 16, 2014
Estate administration is a process. I think you should consult with a probate attorney to work through it.
Archived
I was left stocks in an estate, if I cash out when it is still in the deceased name do I have to pay taxes? Or if I transfer to
Bryan's answer
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Answered on August 15, 2014
If a brokerage account is in the decedent’s name, the estate fiduciary will transfer the assets into the estate’s name. The tax consequences...
Archived
Hi
My aunt passed away and has one living sister, what share does her nieces and nephews receive?
Bryan's answer
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Answered on August 14, 2014
I think you need to draw a family tree - including dates of death - and show it to a New York probate attorney.
Archived
What is the advantage of an irrevocable trust related to real estate?
Bryan's answer
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Answered on August 14, 2014
Irrevocable trusts are often used in elder law planning. If you transfer assets to them, after five years, Medicaid will not consider their value...
Archived
Is inheritance or gift money subject to tax or paperwork? More details below.
Bryan's answer
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Answered on August 14, 2014
She should consult with an estate planning or elder law attorney and accountant. If she will apply for Medicaid to cover any sort of nursing care,...
Archived
My landlord is selling the house. Am I obligated to allow prospective buyers into my apartment upstairs?
Bryan's answer
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Answered on August 13, 2014
24 hours notice is considered reasonable for a landlord to enter an apartment. You will likely need to find a new apartment soon, and your new...
Archived
My son passed away 26 years old no will. Could my sister be appointed administrator as i cannot be because i have a record.
Bryan's answer
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Answered on August 13, 2014
As your child's aunt and legal guardian, I think she would be eligible for appointment.
