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Questions Answered by Gary Lane
2 Answers | Asked in Estate Planning and Probate for New York on
Q: As 1 of 3 exec's dads will probate acct closes tues. If I write to lawyer does he have to answer my ?'s . No call back

This lawyer did parents estate when mom had dementia put her on medicaid for $. Then sibling gets excess income I have to pay, created accounts w mom as joint, refused to pay me back, I couldnt object no lawyer, really want them all caught but no help but need to know my future I have mom and... Read more »

Gary Lane
Gary Lane
answered on Aug 9, 2020

Dementia cancels (nullifies) any signature on any document. So that document is not effective.

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3 Answers | Asked in Estate Planning for New York on
Q: Trust was not properly notarized, is it valid?

We have an irrevocable trust in New York state from 2012. This was created as part of a larger estate planning that included wills, health care proxies and two trusts. Everything else was properly notarized except this one trust. It is signed by the grantors, however where the grantors signed is... Read more »

Gary Lane
Gary Lane
answered on Aug 8, 2020

You say the creator(s) of the trust are still alive. That means they can do the notarization now, today, assuming they still have mental capacity. That should solve the problem completely.

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2 Answers | Asked in Estate Planning for New York on
Q: My father died (lived in SC) with my stepmother. No will. Stepmother daughter sent me and my other siblings( his only

Children a waiver of bond to sign. None of us live inSC. Why is this needed? What happens if we don’t sign it?

Gary Lane
Gary Lane
answered on Jul 27, 2020

The bond is to protect all of the heirs if the administrator does wrong. Signing a waiver of bond will permit the administrator to proceed without a bond, thus without the heirs being protected. Bonds cost money and the waiver saves that cost, which comes out of the inheritance.

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2 Answers | Asked in Estate Planning and Health Care Law for New York on
Q: Can a couple put a house in a irrevocable trust and then, within months, collect Medicaid in New York State?

The husband had a stroke and is on disability. He wants to put his house, co-owned with wife , in an irrevocable trust for his children. He is then going to receive Medicaid to pay for his maintenance in an assisted living institution. Is the house protected from the liens or other governmental... Read more »

Gary Lane
Gary Lane
answered on Jul 25, 2020

If the trust was correctly created, and thus he no longer owns the property, but it is revocably going to his heir, then YES, he should qualify.

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2 Answers | Asked in Estate Planning for New York on
Q: A man who is a resident of Alabama died . He wrote over his will and crossed out paragraphs manually.

would the will be still valid? he was single he has one half sister a nephew and a niece. who gets what of his estate?

Gary Lane
Gary Lane
answered on Jul 16, 2020

Generally, a will can be changed by putting a single line through the former portion, not obliterating it. Then writing the changes on the pages. But then it should be notarized again. If that was not done the question is, was it a holographic will? That is an Alabama question.

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2 Answers | Asked in Health Care Law for New York on
Q: Does a private physician have an Enforceaable obligation to report a patient violating a quarantine order?
Gary Lane
Gary Lane
answered on Jul 8, 2020

I would say that the doctor patient privilege will withstand any other obligation to report, absent the planning of a future major crime. So NO.

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1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for New York on
Q: Our supervisor told us when and when we cannot use the bathroom. Is this illegal?
Gary Lane
Gary Lane
answered on Jul 2, 2020

Yes, that is quite illegal and should be reported.

2 Answers | Asked in Contracts for New York on
Q: havent recieved the keys 20 days after lease started. can i just break the lease and find another place to live.

Lease started june 1

still havent recieved the keys

landlord has stopped responding

buffalo ny

have not even entered the property during the lease term yet

can i break the lease and find another place

has my deposit which is equal to two months rent

Gary Lane
Gary Lane
answered on Jun 20, 2020

Yes, they have breached the lease, allowing you to go elsewhere, assuming you have notified them in writing with proof of that. They sue for return of deposit if need to.

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3 Answers | Asked in Estate Planning for New York on
Q: My husband and sister in law are co trustees of their mothers (who recently passed away) trust. Their mother's attorney

Wants to have a meeting and my husband wanted me to join him the attorney advise my husband that legally he can only meet with the 2 trustees of the trust no 3rd parties allowed my husband was wondering if this is true as he did want me to attend with him and he does not like or trust his moms... Read more »

Gary Lane
Gary Lane
answered on Jun 16, 2020

Since a legally married couple are considered one legal entity for most purposes, I do not see grounds to keep one spouse from accompanying the other.

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3 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: I need help with an irrevocable trust of my grandmother regarding her house. She has died how do I obtain my portion?

The trust divided her house into 4 ways. 1 of the beneficiaries has died leaving 3 of us left. 1 of the 3 is currently living in the home refuses to leave or settle the house affairs. I do not know how to obtain my piece of the house. I do not have money to hire a lawyer to settle this. The house... Read more »

Gary Lane
Gary Lane
answered on Jun 12, 2020

Who was appointed as the Trustee (administrator)? It is their job to distribute the assets. If they cannot do it voluntarily, as hoped, then their alternative is to file in Probate Court, to force the sale and distribution. They should hire an attorney if they are not one. The cost would come out... Read more »

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3 Answers | Asked in Estate Planning for New York on
Q: Grandpa recently passed away, in his will i receive all of his guns which are rifles and shotguns. Do i need a permit?

I am located in new york.

Gary Lane
Gary Lane
answered on Jun 10, 2020

Absolutely you do. Guns in your possession do require a permit, regardless of how you obtained them.

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