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When is the appropriate time to seek legal advice as my mother might be going into assisted living?
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Answered on April 14, 2014
The time to consult an elder law attorney or estate planning attorney is now. Since Mom is in NJ, you will go by the NJ rules for qualification for...
Archived
I fear I will need an attorney after my mother dies. I don't know how to find out, or how to chose one.
Ruth's answer
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Answered on April 14, 2014
If the life estate is in a deed or trust, you should be safe. People sue each other all the time - but that doesn't mean they will win. It does...
I created an ILIT last year. It doesn't have any asset/income except my life ins policies. Does Trustee need to file Form 1041?
Ruth's answer
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Answered on April 14, 2014
The trust will not have income until the policy is redeemed after your death. No 1041 will be due until that happens. Check with your accountant to...
Archived
I like to know what type & name of special trust account should I open ?
Ruth's answer
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Answered on April 14, 2014
Please consult an estate planning attorney or elder care attorney to discuss special needs trusts and how they work. A Special Needs Trust has...
Archived
Should I change my life insurance policy to name a trust as beneficiary if I want a trust to disperse the proceeds of the policy
Ruth's answer
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Answered on April 14, 2014
A trust does not have to be funded immediately and can be funded at death. If you set up a trust (do this with an attorney - not by yourself) and...
Archived
I used 9,000.00 of estate money while serving as the executor of my father's estate. this year we had job loss and I intend t
Ruth's answer
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Answered on April 14, 2014
You will probably be charged with breach of fiduciary duties and possibly theft. Does the estate have an attorney? You need an attorney to advise...
How much does it cost to file a petition to probate court to get an accounting of a family trust? Trustee won't supply info.
Ruth's answer
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Answered on April 14, 2014
EAch state has different charges. You may need to Petition the court to open a trust administration case in order to request an accounting. Please...
Archived
With an estate in probate (oh)how long does it take to transfer stocks from decedent to heirs vs selling stocks and dispersing
Ruth's answer
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Answered on April 14, 2014
It does not take long, if done properly. 4 years is way too long. You need to complete forms for a transfer agent and if there were many stocks you...
Archived
What legal rights does a husband have in Westchester County, NY to make care decisions for a spouse in psychiatric facility?
Ruth's answer
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Answered on April 11, 2014
If he has her medical power of attorney, he can make decisions. NY law probably gives him certain rights, also. He should consult an attorney and...
Archived
I have left my company to start my own business. The company is refusing to give me my 401k. I have already lost money.
Ruth's answer
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Answered on April 11, 2014
Are you going to roll the retirement account into an IRA account? If so, have the new IRA trustee send a request for a rollover. Otherwise, send...
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