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... Read more »
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... Read more »
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.
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
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
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... Read more »
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... Read more »
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.
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... Read more »
Is there a time period in which this must be done?
You must file a petition in Surrogates Court to be given power to probate the Will and administer the estate, which would include transferring the house.
The person left no will
If a person died without a Will or a Trust and had property, assets or claims in their name that need to be distributed or pursued, an Administration proceeding must be initiated in Surrogates Court. It must be brought in the County where they resided prior to death. At the present time, there... Read more »
My mom passed over a year ago and we had the deed set up as joint tenants with right of survivorship. The title company just notified me there is no evidence of her passing since she was married and her death certificate states my step dads last name. Is there any way to avoid probate and prove to... Read more »
A copy of the marriage certificate should be sufficient proof of the name change. This would require communication with the title company to determine what else is concerning it.
When a life tenant dies, the owner of the property has full rights. In other words if a property is deeded to A, reserving a life estate for B, when B dies, A has full rights to transfer or sell.
I am in NY. I was at a dog park alone with my medium mixed rescue dog and he was triggered by a puppy coming in. While we (the puppy’s owner and I) tried to break up the two, my dog bit the lady’s leg. We separated the dogs and an ambulance came while I waited. A Police report was filed. I... Read more »
I suggest you have her sign a General Release and agree to pay any medical bills not covered by her insurance.
We just wanted to know if it's in our best interests to vacate as soon as possible. I assume the landlord will get a much higher rent since it's rent stabilized. Can the landlord charge double rent, i.e., to my mom's estate and to the new tenant? I don't think so, but just thought i'd confirm.
No. The landlord can only recover lost rent. If he rents it out it is not lost.
We are fostering a special needs cat from a veterinary clinic which was also my fiancé’s employer. The Foster agreement was meant to lead into an adoption. However due to circumstances that were unavoidable she resigned her position. Now there is conflict with clinic which might lead to them... Read more »
Most fostering agreements do not contain provisions for ownership. Any legal rights that you may potentially have will be contained in the fostering agreement or through written or oral statements made by the employer.
its been 6 years already and he obviously had no intention of notifying the beneficiarys that everything was completed nor did the executor, something is very fishy, I contacted the attorney and asked for all papers he said I will try to get things together, Said its been 6 years he said I really... Read more »
That seems like a very long time for you to not be informed of the delay.
No estate account and no executor has been appointed
The account must have a named beneficiary. Upon death of the owner, it is supposed to be transferred to the beneficiary.
I’m in desperate need of help. Some key facts are as follows:
• Husband’s Brother Dies in Hospital in December 2015
• Husband becomes Executor of his Estate
• All Siblings and Parents are Named Beneficiary of Estate
• Wrongful Death Suit is Filed (in CT)... Read more »
If you husband is a beneficiary of his brother’s estate, his wife (you if you were married at time of death) and children are entitled to his share since he survived his brother.
The executor of my mother's estate says that estate expenses come out of the residuary estate, and since I'm the beneficiary of 65% of the residuary estate (and my brother is beneficiary of 35% of the residuary estate) that the estate expenses will have to be paid 65% by me and only 35%... Read more »
Any estate expenses are paid before distributions. I’m not sure what you mean by will’s expenses.
It’s a grantors trust established in NYS
For tax purposes, a revocable trust is considered property of the grantor. Grantor’s ssn is normally used.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
