Archived
Mother was told she must transfer interest in her home to qualify for Medicare. Can this transfer be set aside?
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Answered on July 21, 2014
I agree with my colleagues. I would only add that if your mother is attempting to qualify for Medicaid, the look back period is five (5) years and...
Archived
Can I take my step dad's wife to probate court? And can she sell his stuff in the mean time.
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Answered on July 21, 2014
If your father owned the property in his name at the time of his death, your step-mother will have to file the will with the court in order to...
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I was appointed Conservator. Judge signed Order appointing me Conservatr on July 11 , but Order is endorsed by Clerk on July 14.
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Answered on July 21, 2014
I'm assuming you are needing to know which date to use when calculating when conservatorship reports are due? You can't go wrong by calendaring...
Archived
Abuse of power of attorney?
Marty's answer
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Answered on July 21, 2014
It seems odd that this did not come up during the divorce. Normally, both parties are required to list all of their assets and the...
My husbands daughter is his POA, can she put him in nursing home without my permission?
Marty's answer
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Answered on July 21, 2014
Does your husband still have capacity? Does the Power of Attorney go into effect upon his signature or upon incapacity? If your husband has...
Archived
Do I need to go through probate? And can creditors obtain satisfaction against real and personal property in the trust?
Marty's answer
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Answered on July 21, 2014
The only way to transfer the title on the vehicle is to probate the assets. It is possible that you can utilize a small estate probate...
Archived
Does boyfriend have right to jewelry when woman passes or does her children. There was no will.
Marty's answer
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Answered on July 21, 2014
If the mother passed without a will, the NY state (if that was her residence) statutes will dictate who is to receive her assets, which is called...
Archived
I've been named as a beneficiary in and irrevocable trust set up by my late Aunt.
Marty's answer
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Answered on July 21, 2014
The trustee of the trust owes the beneficiaries a fiduciary duty to act in their best interest. I recommend you consult an attorney to write a...
Archived
Deceased sibling intestatee deceased
Marty's answer
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Answered on July 21, 2014
Where was your uncle's place of residence at the time of his death? Since he did not have a Will, the statutes in that state will dictate who is a...
Archived
My name is on my father's house title along with his name of course. Should he pass will I own the house?
Marty's answer
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Answered on July 21, 2014
I agree with attorney Smith. I do want to add that you should discuss the benefits of a Transfer on Death Deed with your CPA & attorney. I...
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