Questions answered by Steven M Zelinger

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Is an email saying someone needs assistance with their mail and bills enough grounds for a guardianship?

Steven's answer | Answered on December 23, 2014

It is not really possible to answer your questions - in a guardianship proceeding, if it is contested, the judge is going to weigh all the facts...

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What is the effect of a joint signer (placed there for convenience) on the bank accounts of the decedent?

Steven's answer | Answered on December 23, 2014

I agree with Ms. Seal who answered previously. The fact that the accounts are mentioned in the will could cause a lack of clarity. Your statement...

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My mother died in 2011 she didn't have a will. Me and my siblings are in turmoil about the house some want to sell it some don't

Steven's answer | Answered on December 22, 2014

Is there an administrator of the estate? There needs to be. Have your or anyone else offered to buy the house (buy out the other siblings)? If you...

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Inherited a house, already paid inheritance tax, what additional taxes are owed.

Steven's answer | Answered on December 22, 2014

The simple explanation is yes, you and your sister will owe capital gains income taxes on the gain between the date of death and sale. This...

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What is required to create a special needs trust? If a person is on SSI do they qualify regardless of the degree of disability?

Steven's answer | Answered on December 22, 2014

If the benefits are payable directly to you, you have limited options. I will assume you have an attorney regarding what ever case you are...

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Can a child acquire power of attorney of one parent without the knowledge of the other parent

Steven's answer | Answered on December 22, 2014

For medical purposes there is usually deference to a spouse. For financial matters, the principal, if competent, can name anyone they wish as...

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Does money that Is in a Irrevocable Trust have to be spent or used before a person can apply for Medicaid?

Steven's answer | Answered on December 21, 2014

While what money can or can't be used depends on the terms of the trust, usually the entire purpose of putting assets in an irrevocable trust for...

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If a man dies without a Will or designation of an Estate Executor, by Law, to whom would the Executorship fall?

Steven's answer | Answered on December 21, 2014

"Heirs" would include, spouse, children, parents, siblings, etc. If there is no spouse or children and no parents, the siblings of the deceased...

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Are IRA accounts taxable to designated heirs if the IRA holder dies before retirement age?

Steven's answer | Answered on December 21, 2014

While both attorneys are correct I think it should be clarified that if one receives an IRA as an inherited IRA they have the option to stretch the...

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Is interest and part principal suppose to be payed before closing an estate

Steven's answer | Answered on December 19, 2014

Your question isn't very clear. If a piece of real estate was sold from an estate, there should have been a closing statement (HUD-1) that had all...

Steven M Zelinger's Answers (9236)

Is an email saying someone needs assistance with their mail and bills enough grounds for a guardianship?

What is the effect of a joint signer (placed there for convenience) on the bank accounts of the decedent?

My mother died in 2011 she didn't have a will. Me and my siblings are in turmoil about the house some want to sell it some don't

Inherited a house, already paid inheritance tax, what additional taxes are owed.

What is required to create a special needs trust? If a person is on SSI do they qualify regardless of the degree of disability?

Can a child acquire power of attorney of one parent without the knowledge of the other parent

Does money that Is in a Irrevocable Trust have to be spent or used before a person can apply for Medicaid?

If a man dies without a Will or designation of an Estate Executor, by Law, to whom would the Executorship fall?

Are IRA accounts taxable to designated heirs if the IRA holder dies before retirement age?

Is interest and part principal suppose to be payed before closing an estate