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answered on May 5, 2021
I can answer any questions you have.
He told palliative care nurse that I’m stealing from his bank account. I have Power of Attorney but haven’t touched his $. He fell out of bed & has bruises. I’m afraid I’ll be accused of elder abuse. What protections do I have. Can I refuse to let him come back to the home we live in... View More 
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answered on May 4, 2021
The question of what you can or should do is not something that can be answered that easily. You should consult with an attorney, who can get the information necessary to properly guide you. Questions you should be prepared to answer will include what your relationship is to the man and who is the... View More
If our assets are in a Medical Asset Protection Trust, can I continue to pay bills, cash checks, control my personal corporation through which I work as a freelancer?
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answered on Apr 2, 2021
Bottom line ...no. Once an asset is in an irrevocable trust, which is what a MAPT is, you give up control of those assets. You may still be able to receive income from the trust, but you may not transfer, sell or use assets. You would appoint a trustee to control the assets. As for the corporation,... View More
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answered on Mar 28, 2021
If it was a gift, it’s yours. However, if the friend loaned you the money to buy the car and retained a lien or you signed a promissory note, the estate owns that debt.
effect only after 6/21/2021. Should I wait until then to create the POA?
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answered on Mar 5, 2021
It depends what you want the POA for. If you sign it now it remains effective after the new law takes effect. You can always sign a new one later.
My mother who is sick and has Alzheimer’s has a condo in Florida that isn’t being used. We live in NY. It is in the family trust. It is willed to my estranged sister after mom passes. The maintenance fees are 400 a month plus taxes, and I would rather use that money towards her care or save... View More
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answered on Mar 5, 2021
As Trustee, you have the power to administer the trust and the assets contained in it. The Trust agreement will dictate what you can and cannot do. The Trust agreement would need to be reviewed before a proper opinion could be provided.
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answered on Feb 18, 2021
I’m not sure what type of notice you received. If you are doing something in violation of your lease, the normal process is to serve you with a Notice to Cure. That gives you a short time to correct the offending condition. A Notice to Terminate your lease would be inappropriate if this is the... View More
I’m the executor. My brother passed away on 2/5. Is he still entitled? This is in NY.
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answered on Feb 14, 2021
The Will should indicate whether his heirs will inherit his share, assuming he has heirs. Since they passed so close to each other, there is often a provision in the Will regarding if a beneficiary is considered to have predeceased or survived your cousin.
Brother (my dad). What is the process in regards to inheriting the house? I have her deed and she was the only person on there. This is in Puerto Rico
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answered on Feb 13, 2021
Normally, if she left a Will it would need to be probated. If no Will, an Administation proceeding would need to be brought in the county where she resided before death. The person petitioning may then need to make a second petition in Puerto Rico in order to have power there. It can be a complex... View More
Necropsy done by the veterinarian showed abnormal kidneys. Breeder refused to refund $$ and to provide a replacement hedgehog. Implied Duty of Warrantability?
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answered on Feb 1, 2021
You would need to check on the existence of any Pet Lemon Law in CT. I would recommend checking with the CT Attorney General's Office. NY Lemon Law does not apply to out of state sales.
I AM NOT, a violent person, and I DID NOT, hurt this dog! I was at work, and a customers dog was off the leash. A Big mastiff, type of dog! Im trying to work, and this dog is circling the shop, growling, and barking at me. I value my own life, and safety over this dogs! The day before, I asked this... View More
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answered on Jan 30, 2021
You should avoid hurting an animal if possible. If you are attacked you can use force to stop the attack and to avoid further injury.
The truth to me. If it happens not to be registered is there any actions I could take against the breeders? I was looking to breed this dog and it has to be registered and pure bred.
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answered on Jan 25, 2021
1. Ask for the credentials in advance and check with AKC
2. Make sure the Bill of Sale indicates it is pure bred.
3. If you don’t trust this breeder, find another one.
You can bring action for breach of contract and fraud if it turns out to be a lie.
Mom needed 24/7 monitoring, and frequent trips to Drs and treatment. I worked from home to care for her. She died in 2015 and now I must sell the house and split the proceeds with my sister who never visited or cared for mom. I also paid for new appliances, a front porch, a whole house generator... View More
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answered on Jan 16, 2021
You may be entitled to credits for the improvements. However, if you had no caregiver agreement while she was alive you would not be entitled to compensation.
My mother's will states that the estate will cover final expenses. I laid out the funds and my siblings reimbursed me their share of the cost. The estate has not reimbursed me for my share. (I have no idea if the estate paid them back). The attorney for the estate is trying to get me to... View More
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answered on Dec 27, 2020
If he is putting in writing that the estate is reimbursing you in exchange for a release, I don’t understand your hesitation. Do you believe you are owed anything more?
The widow does NOT pay for property taxes, property upkeep, home insurance etc. Nor will her estate benefit from a sale. The 2 step children are remainderman beneficiaries and the late husband always paid those bills, in the lifestyle she had been accustomed to for 30 years.
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answered on Dec 20, 2020
Utilities are normally included as part of maintenance.
She agree to give me back the dog now and days went by and now she doesn't and say it was mistreated it wasn't he had lots of hair he is healthy I have papers for the dog I need help
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answered on Dec 20, 2020
You may need to litigate. It is an action for replevin. I do not recommend doing this yourself.
I have owned my dog for years way before we ever dated do I hhave to go to court for her
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answered on Dec 15, 2020
If you ex is keeping your dog from you, you will have to bring an action to recover the dog.
I have an LLC that holds a Brooklyn residential property. I have an LLC that holds a South Carolina property. Let's say that a resident of the Brooklyn property sues me, receives a money judgment and exceeds the insurance payout. Would they be able to go after the equity in my LLC (that holds... View More
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answered on Dec 14, 2020
As long as you are operating the LLC as a distinct and separate entity, liability is limited to the assets of that LLC. To go after you personally or your assets, someone would have to show that you are not operating the LLC as a separate entity, that you are commingling funds and ignoring the... View More
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answered on Dec 14, 2020
Medicaid can look back 5 years when someone applies for institutional nursing care. That applies to transfers to individuals or trusts. Non-institutional care has no look back period right now but will have a 30 month look back starting next year.
My Mom went to the emergency room in the beginning of October, her blood pressure was high,,the next thing I know, she has been intubated, and from then on, she has not been able to return home.
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answered on Dec 4, 2020
To sign a Power of Attorney, your Mom must be able to understand what she is signing and its impact. If she suffers from dementia, Alzheimer's or a mental infirmity and is unable to understand, you would have to bring a Guardianship proceeding to assume control of her property and/or personal... View More
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