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Steven M Zelinger's Answers (9236)

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Archived

What is the cheapest way to go about finding out if the executor is hiding assets of the estate?

Steven's answer | Answered on November 01, 2015

I agree with the other attorneys - the only real way is to ask for an accounting and if you feel things are missing see if you can get him on the...

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Will transitioning money from a joint account to a solely owned account create a tax liability to the sole account owner?

Steven's answer | Answered on October 30, 2015

Technically, if the parent is giving funds to you one could argue that they are making a gift to you if the funds originated with the parent. This...

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Do you need to show a person is incapable of handling affairs in order to enact durable power of attorney and how do you do so?

Steven's answer | Answered on October 30, 2015

Firstly, you need to review the power of attorney - it could be "effective" meaning you do not need medical evidence or a determination of...

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How do I make sure my significant other' gets the best care when her son's turned on the 'privacy' sign? HIPAA needs tweaks!

Steven's answer | Answered on October 30, 2015

If you don't already have a legal relationship your partner would need to sign a power of attorney in your favor (if competent to do so) otherwise...

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How do I proceed with probate for access to my deceased fathers affairs?

Steven's answer | Answered on October 30, 2015

You (or someone) have to be appointed as the administrator (personal representative) of his estate there really is no other way. Most states have...

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A scrapbook is being held by my late brother's surviving wife in ransom. Do I have any legal recourse?

Steven's answer | Answered on October 30, 2015

Litigating something like this is never going to be cost effective. Might I suggest letting things cool off for awhile. Then if you can't come to...

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How can a nonprofit organization spend money?

Steven's answer | Answered on October 29, 2015

Are you an entity - such as a non-profit corporation? If so, do you have a 501c designation? It sounds like you are just some friends who have...

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Can an executor/personal representative purposelessly and consciously defy articles of a will for his own benefit

Steven's answer | Answered on October 29, 2015

No, an executor cannot fail to follow the will. The question is will he do it anyway and will you be willing to do what it takes to force him to...

Archived

Is my Scottrade ind. fund protected? it is life ins proceeds as beneficiary fr husband? my living expenses

Steven's answer | Answered on October 29, 2015

Is your question about asset protection from creditors or from long term care costs/Medicaid. If you are simply asking about your personal debts,...

Archived

In New York State, how do you determine if a creditor is a creditor of the estate or a creditor of family trust?

Steven's answer | Answered on October 29, 2015

This is probably a fact-based issue hard to answer online - but generally I would think that it is a debt of the estate if the debt arose/accrued...