Archived
Dad died in California. Does a certified RE appraiser need to appraise home or can RE broker do it - for stepped up cost basis?
Joseph's answer
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Answered on June 10, 2012
My opinion-A real estate broker can do a comparable study and come up with a reasonable current "market value" that could be used for tax...
Archived
If a couple purchase an estate and the deed is filed jointly, when one spouse passes, will the estate be opened in probate?
Joseph's answer
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Answered on June 10, 2012
The answer would be NO if the language on deed says with "Right of Survivorship" or similar language. In Florida-the language could read-Harry and...
Archived
Do i have any rights to a property i've been paying the land taxes on for the last ten years?
Joseph's answer
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Answered on June 10, 2012
I agree with attorney Zichi. Your best chance will be to discuss adverse possession with local attorney. You might have a special equity claim also...
Archived
My sister and borther opened a trust with my mother. They did not consult me.
Joseph's answer
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Answered on June 10, 2012
The trust would have to be reviewed.
Your mother would normally be the grantor and would have the right to amend or change the trust.
So-she...
Archived
My mother was listed in will as executor and poa for my grandmother her mother. After her mother was diagnosed with dementia
Joseph's answer
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Answered on June 09, 2012
It can be reversed if grandmother was not aware of what she was signing at the time plus criminal charges might be able to be charged if POA was...
Archived
I currently live in Pennsylvania. My grandfather sold his property to me, four months ago, for $1.00. Is it taxable?
Joseph's answer
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Answered on June 09, 2012
Your grandfather needs to report the gift on a 709 gift tax return.
He can pay a tax or use up part of his lifetime exemption and not pay a tax.
Archived
My mom has Ny medicare&medicaid. If she goes into a nursing home, can that nursing home claim her joint bank acct.( with son).
Joseph's answer
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Answered on June 09, 2012
It's not that they could claim it-it's if it was properly reported on the medicaid application and if she would still qualify.
Archived
Can a wife get poa of an incapcitated husband with dementia ,He is not able to sign documents,and we beleive she signed the poa
Joseph's answer
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Answered on June 09, 2012
First-a POA cannot be obtained by fraud.
Second-a POA cannot be used to benefit
the person it was given to adversely against the giver.
Third-an...
Archived
My wife had 2 failed back surgeries and developed RSD/CRPS. I am staying home helping to dress her, cooking, cleaning
Joseph's answer
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Answered on June 09, 2012
Why don't you keep working and hire care giver and also seek aid for care giver services?
Archived
Can, as a live-in adult child of an abusive alcoholic father, take ownership of the property to protect the estate?
Joseph's answer
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Answered on June 09, 2012
Attorney Fromm gave great advice.
The daughter is in a tough spot living in his home with her
minor children and probably not wanting to cause...
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