She has a mammary growth she was seen for and needs it test and removed. Is a clinic allowed to refuse to help you after working w them if I don't do as they say especially one that is supposed to help lower income individual and their pet in need of medical attention?
Yes. They can refuse.
so all 3 are equal Executor’s since my dad who was appointed Executor has passed?
It means that if the primary Executor is unable or unwilling to serve, the children named will serve together in that capacity.
been my permanent residence and i have two children who reside here and are registered to school here and have been since birth. the house was bought between my mom and dad, i have step siblings who have a diff mom, is there anyway they can take over this house through probate? my dad didn’t have... Read more »
When there is no Will, it is called Administration. But it works similarly to Probate. If an estate has not been established yet, one will probably be needed. If the house was in both their names and was bought when they were married, the survivor of the two would be 100% owner; your dad it... Read more »
IRA value $700K. Can Inherited IRA live in trust with distributions to children's accounts? What/who is taxed?
Yes. A trust can be a beneficiary of an IRA. It is most common for the trust to pay the tax before distributing to the beneficiaries. The trust document should guide the trustee. Depending on whether or not the trust is a see-through trust inherited IRAs must be used up within either 5 or 10 years.
Dog ripped his own stitches open causing more vet bills?… 4 days after initial vet visit the owner showed up stating the wound was superficial no damage everyone was fine then called an hour after leaving my house stating he was taking the dog back to the vet. Now second vet bill was near 1000$.... Read more »
You did the right thing offering to pay for the damages caused by your dog. As for the new charge, that is a judgment call. An argument can be made that this is related to the injuries caused by your dog. However, if the owner did not take proper precautions to prevent reinjury, you should not... Read more »
In short, our father passed away in 2012 and 2-3 years after his death step mother created an estate to collect a settlement from a lawsuit. She fraudulently claimed in this estate filing that my father had no children. She is currently being prosecuted by the Brooklyn DA's office. We are... Read more »
If the Will has already been probated, one of you can apply to be substituted as the Executor.
an EIN/TAX ID and claimed estate under their own social security number for 26 years. What are the ramifications? Penalties? Do the beneficiaries have any recourse?
There is a lot more information needed to answer your questions. There may be tax issues, fraud issues, breaches of fiduciary duty and several other legal issues. If the property was sold, was the title company able to clear title or are they unable to do so? You will need to speak, in detail,... Read more »
New owner was treating the puppy for Parvo via a vet, next day she dewormed him and 5 hours later he died. Now she wants to sew me for a refund and vet bills. She claims we sold her a sick puppy when parvo didn't show any signs until 12 days after she picked him up and and he died on day 14 in... Read more »
It sounds like you have defenses to her claims.
Expenses that must be paid to maintain the assets prior to probate may be reimbursed by the estate. For example, if there is a car loan and you wish to avoid the car being repossessed. However, if you are ultimately getting the car yourself, you probably should not be reimbursed.
If you don’t have a family member or friend, you can appoint a lawyer, financial advisor or institution as your agent. If you wish them to exercise power only in the case of your disability, you should discuss a springing POA. If you have no POA and become disabled, a court will appoint a... Read more »
When you legally sell something, you give up your rights to it in exchange for some form of consideration. In this case, money. Regret is not a valid reason to void the transaction.
In February 2021 my sibling asked me to sign a waiver of process consent to probate form. I didn't want to sign it. I asked for a copy of the will and was denied. She and her brother said if I don't sign it the court was going to take the house. She said my brother signed the same waiver... Read more »
If you wish to contest the appointment of the petitioner, you should consult with an attorney to explore challenging the appointment as Executor.
will reads I leave my estate to my children, if any, who survive me in equal shares, per stirpes - have received two different answers for what this means - the first lawyer I talked with stated that the estate would be divided between the three alive children and then the fourth share would be... Read more »
Since it conditions it upon surviving the maker of the Will, it would be be divided among the living children with no share will be given to the children of any child not living at the time of the maker's death. Per stirpes is inconsistent with the "who survive me" wording. That... Read more »
My sister and I were both appointed cold power of attorney each being able to act independently two months before my mothers passing my sister sold her David Lerner stock and transfer the money into Her personal account we were both supposed to be 50-50 beneficiaries on this account do I have any... Read more »
If your sister abused her power, whomever is appointed executor of the estate can go after her for the money taken. As for the probate of the Will, I’m not sure what you mean by probate date. COVID has slowed things down in some counties. But, not that significantly as long as you hire an... Read more »
My friend want me take care of her dog for couple week and she was supposed to pick up the dog but never did it been 2 year now and she want her back
A case may be made that your friend abandoned the dog. If you refuse to give the dog back, your friend will have to get a court order, proving the dog was not abandoned and that your friend can provide a better situation for the dog. New York has a “best for all concerned” standard.
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... Read more »
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... Read 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?
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,... Read more »
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?
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.
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